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House Journal


Day 60 (03-13-2010) - [PDF]
Day 59 (03-12-2010) - [PDF]
Day 56 (03-09-2010) - [PDF]
Day 58 (03-11-2010) - [PDF]
Day 57 (03-10-2010) - [PDF]
Day 55 (03-08-2010) - [PDF]
Day 52 (03-05-2010) - [PDF]
Day 50 (03-03-2010) - [PDF]
Day 48 (03-01-2010) - [PDF]
Day 45 (02-26-2010) - [PDF]
Day 44 (02-25-2010) - [PDF]
Day 43 (02-24-2010) - [PDF]
Day 42 (02-23-2010) - [PDF]
Day 41 (02-22-2010) - [PDF]
Day 38 (02-19-2010) - [PDF]
Day 37 (02-18-2010) - [PDF]
Day 36 (02-17-2010) - [PDF]
Day 35 (02-16-2010) - [PDF]
Day 34 (02-15-2010) - [PDF]
Day 30 (02-11-2010) - [PDF]
Day 29 (02-10-2010) - [PDF]
Day 28 (02-09-2010) - [PDF]
Day 27 (02-08-2010) - [PDF]
Day 24 (02-05-2010) - [PDF]
Day 23 (02-04-2010) - [PDF]
Day 22 (02-04-2010) - [PDF]
Day 21 (02-02-2010) - [PDF]
Day 20 (02-01-2010) - [PDF]
Day 17 (01-29-2010) - [PDF]
Day 16 (01-28-2010) - [PDF]
Day 15 (01-27-2010) - [PDF]
Day 14 (01-26-2010) - [PDF]
Day 13 (01-25-2010) - [PDF]
Day 10 (01-22-2010) - [PDF]
Day 09 (01-21-2010) - [PDF]
Day 07 (01-19-2010) - [PDF]
Day 06 (01-18-2010) - [PDF]
Day 03 (01-15-2010) - [PDF]
Day 02 (01-14-2010) - [PDF]
Day 01 (01-13-2010) - [PDF]
hdj2010-03-10-57


__________*__________




Wednesday, March 10, 2010

FIFTH-SEVENTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, March 9, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 79, The "Lt. Ronnie D. Ferrell Vietnam Veteran, Police Officer, Public Servant Memorial Bridge",
H. C. R. 89, The "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial Bridge",
H. C. R. 102, Requesting a study of the issues relating to creating a matching grant pilot project,
And,
H. C. R. 103, The "Wilma Ellen Hodges Leslie Memorial",
And reports the same back with the recommendation that they each be adopted.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
Com. Sub. for S. B. 70, Relating to municipalities and counties issuing bonds,
And reports the same back with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 70) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Com. Sub. for S. B. 230, Relating to Board of Optometry,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for S. B. 230) was taken up for immediate consideration, read a first time and ordered to second reading, and the rule was suspended to permit the offering and consideration of amendments on third reading.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4025, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4025 - "A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 4025) was taken up for immediate consideration, read a first time and ordered to second reading, and the rule was suspended to permit the offering and consideration of amendments on third reading.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4459, Increasing the time in which a dependent may apply for Workers Compensation death benefits where occupational pneumoconiosis is determined to be a cause of death.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §23-4-10 and §23-4-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-10. Classification of death benefits; 'dependent' defined.

In case a personal injury, other than occupational pneumoconiosis or other occupational disease, suffered by an employee in the course of and resulting from his or her employment, causes death, and disability is continuous from the date of the injury until the date of death, or if death results from occupational pneumoconiosis or from any other occupational disease, the benefits shall be in the amounts and to the persons as follows:
(a) If there are no dependents, the disbursements shall be limited to the expense provided for in sections three and four of this article;
(b) If there are dependents as defined in subdivision (d) of this section, the dependents shall be paid for as long as their dependency continues in the same amount that was paid or would have been paid the deceased employee for total disability had he or she lived. The order of preference of payment and length of dependence shall be as follows:
(1) A dependent widow or widower until death or remarriage of the widow or widower, and any child or children dependent upon the decedent until each child reaches eighteen years of age or where the child after reaching eighteen years of age continues as a full-time student in an accredited high school, college, university, business or trade school, until the child reaches the age of twenty- five years, or if an invalid child, to continue as long as the child remains an invalid. All persons are jointly entitled to the amount of benefits payable as a result of employee's death;
(2) A wholly dependent father or mother until death; and
(3) Any other wholly dependent person for a period of six years after the death of the deceased employee;
(c) If the deceased employee leaves no wholly dependent person, but there are partially dependent persons at the time of death, the payment shall be fifty dollars a month to continue for the portion of the period of six years after the death, determined by the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, but no partially dependent person shall receive compensation payments as a result of the death of more than one employee.
Compensation under this subdivision and subdivision (b) of this section shall, except as may be specifically provided to the contrary in those subdivisions, cease upon the death of the dependent, and the right to the compensation shall not vest in his or her estate.
(d) 'Dependent', as used in this chapter, means a widow, widower, child under eighteen years of age, or under twenty-five years of age when a full-time student as provided in this section, invalid child or posthumous child, who, at the time of the injury causing death, is dependent, in whole or in part, for his or her support upon the earnings of the employee, stepchild under eighteen years of age, or under twenty-five years of age when a full-time student as provided in this section, child under eighteen years of age legally adopted prior to the injury causing death, or under twenty-five years of age when a full-time student as provided in this section, father, mother, grandfather or grandmother, who, at the time of the injury causing death, is dependent, in whole or in part, for his or her support upon the earnings of the employee; and invalid brother or sister wholly dependent for his or her support upon the earnings of the employee at the time of the injury causing death; and
(e) If a person receiving permanent total disability benefits dies from a cause other than a disabling injury leaving any dependents as defined in subdivision (d) of this section, an award shall be made to the dependents in an amount equal to one hundred four times the weekly benefit the worker was receiving at the time of his or her death and be paid either as a lump sum or in periodic payments, at the option of the dependent or dependents.
(f) The Insurance Commissioner shall prescribe a form notice to be sent by the commissioner, private carrier or self-insured employer, as applicable, to the dependent with the first payment and six months prior to the last payment of the benefits provided in subsection (e) of this section, that advises the dependent that the benefits will stop as of a date certain. The notice shall also advise the dependent that he or she may be eligible for additional benefits under section fifteen of this article and how to apply for those benefits. The notices shall be written in plain English in a manner that is easily understood by the general public.
§23-4-15. Application for benefits.
(a) To entitle any employee or dependent of a deceased employee to compensation under this chapter, other than for occupational pneumoconiosis or other occupational disease, the application for compensation shall be made on the form or forms prescribed by the commission and, effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other the Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, within six months from and after the injury or death, as the case may be, and unless filed within the six months period, the right to compensation under this chapter is forever barred, such time limitation being hereby declared to be a condition of the right and hence jurisdictional, and all proofs of dependency in fatal cases must also be filed with the commission within six months from and after the death. In case the employee is mentally or physically incapable of filing the application, it may be filed by his or her attorney or by a member of his or her family.
(b) To entitle any employee to compensation for occupational pneumoconiosis under the provisions of this subsection, the application for compensation shall be made on the form or forms prescribed by the commission and effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, within three years from and after the last day of the last continuous period of sixty days or more during which the employee was exposed to the hazards of occupational pneumoconiosis or within three years from and after a diagnosed impairment due to occupational pneumoconiosis was made known to the employee by a physician and unless filed within the three-year period, the right to compensation under this chapter is forever barred, such time limitation being hereby declared to be a condition of the right and hence jurisdictional, or, in the case of death, the application shall be filed by the dependent of the employee within one year two years from and after the employee's death, and such time limitation is a condition of the right and hence jurisdictional.
(c) To entitle any employee to compensation for occupational disease other than occupational pneumoconiosis under the provisions of this section, the application for compensation shall be made on the form or forms prescribed by the commission and, effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, within three years from and after the day on which the employee was last exposed to the particular occupational hazard involved or within three years from and after the employee's occupational disease was made known to him or her by a physician or which he or she should reasonably have known, whichever last occurs, and unless filed within the three-year period, the right to compensation under this chapter shall be forever barred, such time limitation being hereby declared to be a condition of the right and therefore jurisdictional, or, in case of death, the application shall be filed as aforesaid by the dependent of the employee within one year from and after the employee's death, and such time limitation is a condition of the right and hence jurisdictional."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 4459 - "A Bill to amend and reenact §23-4-10 and §23-4-15 of the Code of West Virginia, 1931, as amended, all relating to Workers Compensation death benefits where occupational pneumoconiosis is determined to be a cause of death; requiring notice of need to file for certain death benefits; and increasing from one year to two years the time in which a dependent may apply for Workers Compensation death benefits where occupational pneumoconiosis is determined to be a cause of death."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 228), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4459) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Resolutions Introduced

Delegates Butcher, Cann, Givens, Manchin and Shott offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 111 - "Urging the United States Environmental Protection Agency to interpret the West Virginia Water Pollution Act in the manner that will faithfully balance the protection of the environment with the need to maintain and expand opportunities for employment, agriculture and industry as set forth in the Legislature's statement of public policy as contained in the West Virginia Water Pollution Control Act."
Whereas, In enacting the Federal Water Pollution Control Act Congress declared that "it is the policy of Congress to recognize, preserve and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use of land and water resources?." ; and
Whereas, As an exercise of its sovereign and primary right to plan the development and use of its lands and water resources the West Virginia Legislature previously enacted Chapter 22 Article 11 of the 1931 Code of West Virginia as amended, the West Virginia Water Pollution Control Act, and in that enactment declared it to be "the public policy of the State of West Virginia to maintain reasonable standards of purity and quality of the water of the state consistent with (1) public health and enjoyment thereof; (2) the propagation and protection of animal, bird, fish, aquatic and plant life; and (3) the expansion of employment opportunities, maintenance and expansion of agriculture and the provision of a permanent foundation for healthy industrial development."; and
Whereas, The State of West Virginia has developed and implemented environmental protection performance and permitting standards to adequately protect the waters of the State consistent with this statement of public policy; and
Whereas, Such standards have been promulgated by the West Virginia Department of Environmental Protection and the Legislature and submitted to and approved by the United States Environmental Protection Agency pursuant to the federal Clean Water Act; and
Whereas, These environmental protections and permitting measures include narrative water quality standards codified at 47 CSR 2-3; and
Whereas, West Virginia's narrative standards must be implemented and interpreted in a manner that is protective of aquatic communities consistent with the Legislature's statement of public policy and applicable laws; and
Whereas, The State of West Virginia has not adopted subcategories of special use to protect a certain species of mayfly but protects the aquatic community consistent with the Legislature's statement of public policy; and
Whereas, West Virginia's economic stability relies on the accurate implementation of applicable laws as enacted by the Legislature; and
Whereas, The current method in which the United States Environmental Protection Agency is interpreting the West Virginia Water Pollution Control Act is hindering economic development within the state which directly affects the employment opportunities available to all West Virginians; and
Whereas, The West Virginia Legislature would not enact legislation that would have a detrimental effect on the industrial progression of the state and cause or contribute to environmental degredation; therefore, be it
Resolved by the Legislature of West Virginia:
That any interpretation and implementation of West Virginia's narrative water quality standards is the responsibility of the West Virginia Department of Environmental Protection; and, be it
Further Resolved, That the requirements of the narrative criteria are met, when a stream (a) supports a balanced aquatic community that is diverse in species composition; and (b) contains appropriate trophic levels of fish (in streams with sufficient flows to support fish populations); and (c) the aquatic community is not composed only of pollution tolerant species, or the aquatic community is composed of benthic invertebrate assemblages sufficient to perform the biological functions necessary to support fish communities within the assessed reach (or, if the assessed reach has insufficient flows to support a fish community, in those downstream reaches where fish are present); and, be it
Further Resolved, That interpretation of West Virginia's narrative water quality standards must faithfully balance the protection of the environment with the need to maintain and expand opportunities for employment, agriculture and industry as set forth in the Legislature's statement of public policy as contained in the West Virginia Water Pollution Control Act; and, be it
Further Resolved, That the West Virginia Legislature encourages the United States Environment Protection Agency to change their current interpretation of the West Virginia Water Pollution Control Act to include the intent of the 72nd and subsequent Legislatures; and, be it
Further Resolved
, That the Clerk of the House of Delegates forward a certified copy of this resolution to the West Virginia Department of Environmental Protection, the United States Environmental Protection Agency, the Huntington District of the United States Army Corps of Engineers, and other appropriate state and federal agencies.
Special Calendar

Third Reading

S. B. 42, Revising Municipal Economic Opportunity Development District Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 229), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 42) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 42 - "A Bill to amend and reenact §8-38-3, §8-38-4, §8-38-5, §8-38-7, §8-38-10, §8-38- 12, §8-38-15, §8-38-16, §8-38-17 and §8-38-20 of the Code of West Virginia, 1931, as amended, all relating to revising the Municipal Economic Opportunity Development District Act generally; enlarging the types of municipal corporations that may use sales tax increment financing to finance certain economic development projects to any Class I, Class II and Class III city and any Class IV town or village; including remediation of former coal mining sites as a permissible development expenditure for a project; changing standard by which the maximum amounts of reserves that may be established in the financing of a project are measured; suggesting that the development office should consider whether the economic development that a project enables is large enough to require that it contain mixed use development consisting of a housing component with at least ten percent of housing units in the district allocated for affordable housing when determining whether there is a pressing need for the project; defining affordable housing; and allowing the development office to reduce the minimum amount of local sales tax revenues that would be deposited into the state's general revenue fund in certain circumstances."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 81, Creating WV Official Prescription Program Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 230), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 81) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 365, Requiring pharmacies provide personnel online access to controlled substances database; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 231), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 365) passed.
An amendment to the title of the bill, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 365 - "A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Controlled Substances Monitoring Program database; requiring all prescribers or dispensers of Schedule II, III or IV controlled substances to have online access to the West Virginia Controlled Substances Monitoring Program database; authorizing persons or entities with access to the database to delegate access to database to others; limiting liability practitioners for good faith reliance on database; authorizing the Office of the Chief Medical Examiner access to the database; clarifying that practitioners have no duty to access database; authorizing rules for delegation of access; and rulemaking."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 385, Requiring banks provide bond to secure certain county deposits; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 232), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 385) passed.
An amendment to the title of the bill, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 385 - "A Bill to amend and reenact §7-6-2 of the Code of West Virginia, 1931, as amended, relating to bond requirements for county depositories; requiring that a county depository execute a bond only for the amount of the public money deposited that exceeds the amount of the deposit insured by an agency of the federal government."

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 390, Clarifying court assesses private investigative and security services regulations violation penalties; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 233), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 390) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 527, Requiring State Rail Authority establish transportation and local rail service plan; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 234), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 527) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 584, Relating to Center for Nursing's data collection policy; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 235), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 584) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 595, Extending vesting period for subdivision and land development plans; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 236), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 595) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 237), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Boggs, Givens and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 595) takes effect from its passage.
Com. Sub. for S. B. 618, Relating to osteopathic physician assistants; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 238), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Cowles.
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 618) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 636, Reconstituting Commission to Study Residential Placement of Children; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 239), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Givens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 636) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 665, Transferring certain Health Care Authority's duties to Insurance Commissioner; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 240), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Givens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 665) passed.
An amendment to the title of the bill, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 665 - "A Bill to repeal §33-15B-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-15B-1, §33-15B-2, §33-15B-3 and §33-15B-5 of said code, all relating to health care forms; explaining legislative purpose; defining scope of article; transferring certain duties regarding uniform forms from the Health Care Authority to the Insurance Commissioner; adding Department of Health and Human Resources to advisory committee; authorizing Insurance Commissioner to propose rules; and prescribing penalties."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4670, Making a supplementary appropriation to the Department of Agriculture, to the Department of Health and Human Resources, to the Department of Revenue - Racing Commission, to the Bureau of Senior Services and to the Higher Education Policy Commission; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 241), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles and J. Miller.
Absent And Not Voting: Argento and Givens.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4670) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 242), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Givens.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4670) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for S. B. 38, Creating WV Servicemembers Civil Relief Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.
§15-1F-11. West Virginia Servicemembers Civil Relief Act.
(a) This section may be cited as the 'West Virginia Servicemembers Civil Relief Act'
(b) A member of the West Virginia National Guard called to state active duty by the Governor for a period of thirty days or more, shall have all of the protections, rights or benefits that are afforded and may accrue to a person on federal active duty under the provisions of 50 U. S. C. App., §501,
et seq. as amended by the Servicemembers Civil Relief Act, Pub. L. No. 108-189 (2003)."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 185, Creating WV Commercial Patent Incentives Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 218, Providing for early parole eligibility for certain inmates; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 12. PROBATION AND PAROLE.
§62-12-13. Powers and duties of board; eligibility for parole; procedure for granting parole.

(a) The board of parole, whenever it is of the opinion that the best interests of the state and of the inmate will be served, and subject to the limitations hereinafter provided, shall release any inmate on parole for terms and upon conditions as are provided by this article.
(b) Any inmate of a state correctional center is eligible for parole if he or she:
(A)(1) Has served the minimum term of his or her indeterminate sentence or has served one fourth of his or her definite term sentence, as the case may be, or,
(2) Has applied for and been accepted by the Commissioner of Corrections into an accelerated parole program.
(c)
An inmate who applies for an accelerated parole program is eligible for application and acceptance by the commissioner only under the following circumstances:
(1) The inmate has not been previously convicted of a felony crime of violence against the person, a felony offense involving the use of a firearm, a felony offense where the victim was a minor child, or more than one felony drug offense under article four, chapter sixty-A of the code of West Virginia for which the inmate has served or is servicing a consecutive sentence;
(2) Has no record of institutional disciplinary rule violations for a period of one hundred twenty days prior to parole consideration, unless this requirement is waived by the commissioner or his or her designee;
(3) Is not serving a sentence for a crime of violence against the person, a felony offense involving the use of a firearm or a felony offense where the victim was a minor child; and
(4) Has successfully completed a rehabilitation treatment program created with the assistance of a standardized risk and needs assessment.
Notwithstanding any provision of this code to the contrary, except that in no case is any person who committed, or attempted to commit a felony with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of three years of his or her sentence or the maximum sentence imposed by the court, whichever is less: Provided, That any person who committed, or attempted to commit, any violation of section twelve, article two, chapter sixty-one of this code, with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of five years of his or her sentence or one third of his or her definite term sentence, whichever is greater. Nothing in this section applies to an accessory before the fact or a principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of or in the attempted commission of the felony, only the principal in the first degree used, presented or brandished a firearm. No A person is not ineligible for parole under the provisions of this subdivision because of the commission or attempted commission of a felony with the use, presentment or brandishing of a firearm unless such that fact is clearly stated and included in the indictment or presentment by which the person was charged and was either: (i) Found by the court at the time of trial upon a plea of guilty or nolo contendere; or (ii) found by the jury, upon submitting to the jury a special interrogatory for such purpose if the matter was tried before a jury; or (iii) found by the court, if the matter was tried by the court without a jury.
For the purpose of this section the term 'firearm' means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.
(B) The amendments to this subsection adopted in the year 1981:
(i) Apply to all applicable offenses occurring on or after August 1 of that year;
(ii) Apply with respect to the contents of any indictment or presentment returned on or after August 1 of that year irrespective of when the offense occurred;
(iii) Apply with respect to the submission of a special interrogatory to the jury and the finding to be made thereon in any case submitted to the jury on or after August 1 of that year or to the requisite findings of the court upon a plea of guilty or in any case tried without a jury: Provided, That the state gives notice in writing of its intent to seek such finding by the jury or court, as the case may be, which notice shall state with particularity the grounds upon which the finding will be sought as fully as such grounds are otherwise required to be stated in an indictment, unless the grounds therefor are alleged in the indictment or presentment upon which the matter is being tried; and
(iv) Does not apply with respect to cases not affected by the amendments and in such cases the prior provisions of this section apply and are construed without reference to the amendments.
Insofar as the amendments relate to mandatory sentences restricting the eligibility for parole, all matters requiring a mandatory sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court.
(2)(5) Is not in punitive segregation or administrative segregation as a result of disciplinary action;
(3)(6) Has maintained a record of good conduct in prison for a period of at least three months immediately preceding the date of his or her release on parole;
(4)Has submitted to the board a written parole release plan setting forth proposed plans for his or her place of residence, employment and, if appropriate, his or her plans regarding education and post-release counseling and treatment, the parole release plan having been approved by the Commissioner of Corrections or his or her authorized representative; and (7) Has prepared and submitted to the board a written parole release plan setting forth proposed plans for his or her place of residence, employment and, if appropriate, his or her plans regarding education and post-release counseling and treatment. The Commissioner of Corrections or his or her designee shall review the plan to be reviewed and investigated and provide recommendations to the board as to the suitability of the plan: Provided, That in cases in which there is a mandatory thirty day notification period required prior to the release of the inmate, pursuant to section twenty-three of this article, the board may conduct an initial interview and deny parole without requiring the development of a plan. In the event the board does not believe parole should be denied, it may defer a final decision pending completion of an investigation and receipt of recommendations. Upon receipt of the plan together with the investigation and recommendation, the board, through a panel, shall make a final decision regarding the granting or denial of parole; and
(5) (8) Has satisfied the board that if released on parole he or she will not constitute a danger to the community.
(c) (d) Except in the case of a person serving a life sentence, no person who has been previously twice convicted of a felony may be released on parole until he or she has served the minimum term provided by law for the crime for which he or she was convicted. No A person sentenced for life may not be paroled until he or she has served ten years, and no a person sentenced for life who has been previously twice convicted of a felony may not be paroled until he or she has served fifteen years: Provided, That no a person convicted of first degree murder for an offense committed on or after June 10, 1994, is not eligible for parole until he or she has served fifteen years.
(e) For the purpose of this section:
(A) 'Firearm' means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means;
(B), 'Felony crime of violence against the person' means all felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of this code.
(C) 'Felony offense where the victim was a minor child' means any
'felony crime of violence against the person' and any felony violation set forth in article eight, eight-a, eight-c, or eight-d of chapter sixty-one of this code.
(d) (f) In the case of a person sentenced to any state correctional center, it is the duty of the board, as soon as a person becomes eligible, to consider the advisability of his or her release on parole.
(e) (g) If, upon consideration, parole is denied, the board shall promptly notify the inmate of the denial. The board shall, at the time of denial, notify the person of the month and year he or she may apply for reconsideration and review. The board shall at least once a year reconsider and review the case of every inmate who was denied parole and is still eligible; Provided, That the board may reconsider and review parole eligibility any time within three years following the denial of parole of a person serving a life sentence.
(f) (h) Any person serving a sentence on a felony conviction who becomes eligible for parole consideration prior to being transferred to a state correctional center may make written application for parole. The terms and conditions for parole consideration established by this article apply to such inmates.
(g) (i) The board shall, with the approval of the Governor, adopt rules governing the procedure in the granting of parole. No provision of this article and none of the rules adopted hereunder are intended or may be construed to contravene, limit or otherwise interfere with or affect the authority of the Governor to grant pardons and reprieves, commute sentences, remit fines or otherwise exercise his or her constitutional powers of executive clemency.
(j) The Division of Corrections shall promulgate policies and procedures for developing a rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment. The policies and procedures shall include, but not be limited to, policy and procedures for screening and selecting inmates for rehabilitation treatment and development and use of standardized risk and needs assessment tools. An inmate shall not be paroled solely due to having successfully completed a rehabilitation treatment plan but completion of all the requirements of a rehabilitation parole plan along with compliance with the requirements of subsection (c) and (d) of this section shall create a rebuttable presumption that parole is appropriate. The presumption created by this subsection may be rebutted by a parole board finding that at the time parole release is sought the inmate still constitutes a reasonable risk to the safety or property of other persons if released. Nothing in this subsection may be construed to create a right to parole.
(i) (k) Notwithstanding the provisions of subdivision (b) or (c) of this section, the parole board may in its discretion grant or deny parole to an inmate against whom a detainer is lodged by a jurisdiction other than West Virginia for service of a sentence of incarceration, upon a written request for parole from the inmate. A denial of parole under this subsection shall preclude consideration for a period of one year or until the provisions of subdivisions (b) or (c) of this section are applicable.
(j) (l) Where an inmate is otherwise eligible for parole pursuant to subsection (c) and (d) of this section but the parole board determines that the inmate should participate in an additional program or complete an assigned task or tasks prior to actual release on parole, the board may grant parole contingently, effective upon successful completion of the program or assigned task or tasks, without the need for a further hearing. The Commissioner of Corrections shall provide notice to the parole board of the imminent release of a contingently paroled inmate to effectuate appropriate supervision.
(h) (m) The Division of Corrections is charged with the duty of supervising all probationers and parolees whose supervision may have been undertaken by this state by reason of any interstate compact entered into pursuant to the uniform act for out-of-state parolee supervision.
(i)(1) (n)(1) When considering an inmate of a state correctional center for release on parole, the parole board panel considering the parole is to have before it an authentic copy of or report on the inmate's current criminal record as provided through the West Virginia State Police, the United States Department of Justice or other reliable criminal information sources and written reports of the warden or superintendent of the state correctional center to which such the inmate is sentenced:
(i)(A) On the inmate's conduct record while in custody, including a detailed statement showing any and all infractions of disciplinary rules by the inmate and the nature and extent of discipline administered therefor;
(ii)(B) On improvement or other changes noted in the inmate's mental and moral condition while in custody, including a statement expressive of the inmate's current attitude toward society in general, toward the judge who sentenced him or her, toward the prosecuting attorney who prosecuted him or her, toward the policeman or other officer who arrested the inmate and toward the crime for which he or she is under sentence and his or her previous criminal record;
(iii)(C) On the inmate's industrial record while in custody which shall include: The nature of his or her work, occupation or education, the average number of hours per day he or she has been employed or in class while in custody and a recommendation as to the nature and kinds of employment which he or she is best fitted to perform and in which the inmate is most likely to succeed when he or she leaves prison;
(iv)(D) On physical, mental and psychiatric examinations of the inmate conducted, insofar as practicable, within the two months next preceding parole consideration by the board.
(2) The board panel considering the parole may waive the requirement of any report when not available or not applicable as to any inmate considered for parole but, in every such case, shall enter in the record thereof its reason for the waiver: Provided, That in the case of an inmate who is incarcerated because the inmate has been found guilty of, or has pleaded guilty to a felony under the provisions of section twelve, article eight, chapter sixty-one of this code or under the provisions of article eight-b or eight-c of said chapter, the board panel may not waive the report required by this subsection and the report is to include a study and diagnosis including an on-going treatment plan requiring active participation in sexual abuse counseling at an approved mental health facility or through some other approved program: Provided, however, That nothing disclosed by the person during the study or diagnosis may be made available to any law-enforcement agency, or other party without that person's consent, or admissible in any court of this state, unless the information disclosed indicates the intention or plans of the parolee to do harm to any person, animal, institution or to property. Progress reports of outpatient treatment are to be made at least every six months to the parole officer supervising the person. In addition, in such cases, the parole board shall inform the prosecuting attorney of the county in which the person was convicted of the parole hearing and shall request that the prosecuting attorney inform the parole board of the circumstances surrounding a conviction or plea of guilty, plea bargaining and other background information that might be useful in its deliberations.
(j) (o) Before releasing any inmate on parole, the board of parole shall arrange for the inmate to appear in person before a parole board panel and the panel may examine and interrogate him or her on any matters pertaining to his or her parole, including reports before the board made pursuant to the provisions hereof: Provided, That an inmate may appear by video teleconference if the members of the panel conducting the examination are able to contemporaneously see the inmate and hear all of his or her remarks and if the inmate is able to contemporaneously see each of the members of the panel conducting the examination and hear all of the members' remarks. The panel shall reach its own written conclusions as to the desirability of releasing the inmate on parole and the majority of the panel considering the release shall concur in the decision. The warden or superintendent shall furnish all necessary assistance and cooperate to the fullest extent with the parole board. All information, records and reports received by the board are to be kept on permanent file.
(k) (p) The board and its designated agents are at all times to have access to inmates imprisoned in any state correctional center or in any city, county or regional jail in this state and shall have the power to may obtain any information or aid necessary to the performance of its duties from other departments and agencies of the state or from any political subdivision thereof.
(l) (q) The board shall, if so requested by the Governor, investigate and consider all applications for pardon, reprieve or commutation and shall make recommendation thereon to the Governor.
(m) (r) Prior to making a recommendation for pardon, reprieve or commutation and prior to releasing any inmate on parole, the board shall notify the sentencing judge and prosecuting attorney at least ten days before the recommendation or parole.
(n) (s) Any person released on parole shall participate as a condition of parole in the litter control program of the county to the extent directed by the board, unless the board specifically finds that this alternative service would be inappropriate.
(t) Except for the provisions contained in subdivision (4), subsection (c) of this section, the provisions of this bill enacted during the 2010 regular session of the Legislature shall become effective on January 1, 2011."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 286, Authorizing DHHR promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page four, section two, line nineteen, following the words "of section" by striking out the words "one, article eleven" and inserting in lieu thereof "eleven, article one".
On page five, section two, line fifty-three, after the citation "49-2B-3(e)" and the period, by inserting the following:
"On page five, subsection 3.27, line six, by striking the words "was regulated care and";
On page nineteen, paragraph 7.9.a.3, by striking the paragraph in its entirety and renumbering the remaining paragraphs;
On page nineteen, paragraph 7.9.b.3, by striking the paragraph in its entirety and renumbering the remaining paragraphs; and
On page nineteen, paragraph 7.9.c.3, by striking the paragraph in its entirety and renumbering the remaining paragraphs."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 291, Authorizing Department of Transportation promulgate legislative rules; on second reading, coming up in regular order, was read a second.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, line nine, following the word "authorized", by inserting a comma and the following:
'with the following amendments:
On page four, paragraph 3.3.c.1, line one, by striking the words "does not present a danger to the public safety or welfare" and inserting in lieu thereof the words "is competent to operate a motor vehicle";
On page four paragraph 3.3.c.2., line one, by striking the words "does not present a danger to the public safety or welfare" and inserting in lieu thereof the words "is competent to operate a motor vehicle";
On page four paragraph 3.3.c.3., line one, by striking the word "licensee" and inserting in lieu thereof the word "licensee's";
On page four paragraph 3.3.c.3., line one, by striking the words "present a danger to the public safety or welfare and his or her";
On page eight, subdivision 3.6.a, line four, after the number "3.2" by inserting a comma and striking the word "or";
On page eight, subdivision 3.6.a, line four, after the number "3.3" by inserting the following, "and 3.6";
On page twenty-two, subdivision 9.2.e., line one, after the word "court or", by striking the word "an" and inserting in lieu thereof the words "a designated"; and
On page twenty-two, subdivision 9.2.e., line three, by striking the words "presents a danger to public safety or welfare"and inserting in lieu thereof the words "is competent to operate a motor vehicle".'
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 337, Requiring Racetrack Video Lottery Fund be used for certain payments; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the consideration of the amendment on that reading.
Com. Sub. for S. B. 362, Prohibiting providing false information to obtain controlled substances prescription; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section four hundred ten, line nine, by striking out the word "information" and inserting a comma behind the word "practitioner".
And,
On line seventeen, by striking out the word "imprisoned" and inserting in lieu thereof the word "confined."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 376, Relating to residential mortgage foreclosure data; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk, on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"That §31-18-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §31A-2-4C of said code be amended and reenacted; that §38-1-8a of said code be amended and reenacted; that §44-13-4a of said code be amended and reenacted; and that §59-1-10 of said code be amended and reenacted, all to read as follows:
CHAPTER 31. CORPORATIONS.

ARTICLE 18. WEST VIRGINIA HOUSING DEVELOPMENT FUND.
§31-18-6. Corporate powers.
The housing development fund is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate its corporate purpose, including, but not limited to, the following:
(1) To make or participate in the making of federally insured construction loans to sponsors of land development, residential housing or nonresidential projects. Such loans shall be made only upon determination by the housing development fund that construction loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions;
(2) To make temporary loans, with or without interest, but with such security for repayment as the housing development fund determines reasonably necessary and practicable, from the operating loan fund, if created, established, organized and operated in accordance with the provisions of section nineteen of this article, to defray development costs to sponsors of land development, residential housing or nonresidential projects which are eligible or potentially eligible for federally insured construction loans, federally insured mortgages, federal mortgages or uninsured construction loans or uninsured mortgage loans;
(3) To make or participate in the making of long-term federally insured mortgage loans to sponsors of land development, residential housing or nonresidential projects. Such loans shall be made only upon determination by the housing development fund that long-term mortgage loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions;
(4) To establish residential housing and nonresidential and land development projects for counties declared to be in a disaster area by the Federal Emergency Management Agency or other agency or instrumentality of the United States or this state;
(5) To accept appropriations, gifts, grants, bequests and devises and to utilize or dispose of the same to carry out its corporate purpose;
(6) To make and execute contracts, releases, compromises, compositions and other instruments necessary or convenient for the exercise of its powers, or to carry out its corporate purpose;
(7) To collect reasonable fees and charges in connection with making and servicing loans, notes, bonds, obligations, commitments and other evidences of indebtedness, and in connection with providing technical, consultative and project assistance services;
(8) To invest any funds not required for immediate disbursement in any of the following securities:
(i) Direct obligations of or obligations guaranteed by the United States of America or for the payment of the principal and interest on which the full faith and credit of the United States of America is pledged;
(ii) Bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: Banks for cooperatives; federal intermediate credit banks; federal home loan bank system; export-import bank of the United States; federal land banks; Tennessee valley authority; United States postal service; inter-American development bank; international bank for reconstruction and development; small business administration; Washington metropolitan area transit authority; general services administration; federal financing bank; federal home loan mortgage corporation; student loan marketing association; farmer's home administration; the federal national mortgage association or the government national mortgage association; or any bond, debenture, note, participation certificate or other similar obligation to the extent such obligations are guaranteed by the government national mortgage association or federal national mortgage association or are issued by any other federal agency and backed by the full faith and credit of the United States of America;
(iii) Public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States of America; or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case, fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America;
(iv) Certificates of deposit, time deposits, investment agreements, repurchase agreements or similar banking arrangements with a member bank or banks of the federal reserve system or a bank the deposits of which are insured by the federal deposit insurance corporation, or its successor, or a savings and loan association or savings bank the deposits of which are insured by the federal savings and loan insurance corporation, or its successor, or government bond dealers reporting to, trading with and recognized as primary dealers by a federal reserve bank: Provided, That such investments shall only be made to the extent insured by the federal deposit insurance corporation or the federal savings and loan insurance corporation or to the extent that the principal amount thereof shall be fully collateralized by obligations which are authorized investments for the housing development fund pursuant to this section;
(v) Direct obligations of or obligations guaranteed by the state of West Virginia;
(vi) Direct and general obligations of any other state, municipality or other political subdivision within the territorial United States: Provided, That at the time of their purchase, such obligations are rated in either of the two highest rating categories by a nationally recognized bond- rating agency;
(vii) Any bond, note, debenture or annuity issued by any corporation organized and operating within the United States: Provided, That such corporation shall have a minimum net worth of fifteen million dollars and its securities or its parent corporation's securities are listed on one or more of the national stock exchanges: Provided, however, That: (1) Such corporation has earned a profit in eight of the preceding ten fiscal years as reflected in its statements; and (2) such corporation has not defaulted in the payment of principal or interest on any of its outstanding funded indebtedness during its preceding ten fiscal years; and (3) the bonds, notes or debentures of such corporation to be purchased are rated 'AA' or the equivalent thereof or better than 'AA' or the equivalent thereof by at least two or more nationally recognized rating services such as Standard and Poor's, Dunn & Bradstreet, Best's or Moody's;
(viii) If entered into solely for the purpose of reducing investment, interest rate, liquidity or other market risks in relation to obligations issued or to be issued or owned or to be owned by the housing development fund, options, futures contracts (including index futures but exclusive of commodities futures, options or other contracts), standby purchase agreements or similar hedging arrangements listed by a nationally recognized securities exchange or a corporation described in paragraph (vii) above;
(ix) Certificates, shares or other interests in mutual funds, unit trusts or other entities registered under section eight of the United States Investment Company Act of 1940, but only to the extent that the terms on which the underlying investments are to be made prevent any more than a minor portion of the pool which is being invested in to consist of obligations other than investments permitted pursuant to this section; and
(x) To the extent not inconsistent with the express provisions of this section, obligations of the West Virginia state board of investments or any other obligation authorized as an investment for the West Virginia state board of investments under article six, chapter twelve of this code or for a public housing authority under article fifteen, chapter sixteen of this code;
(9) To sue and be sued;
(10) To have a seal and alter the same at will;
(11) To make, and from time to time, amend and repeal bylaws and rules and regulations not inconsistent with the provisions of this article;
(12) To appoint such officers, employees and consultants as it deems advisable and to fix their compensation and prescribe their duties;
(13) To acquire, hold and dispose of real and personal property for its corporate purposes;
(14) To enter into agreements or other transactions with any federal or state agency, any person and any domestic or foreign partnership, corporation, association or organization;
(15) To acquire real property, or an interest therein, in its own name, by purchase or foreclosure, where such acquisition is necessary or appropriate to protect any loan in which the housing development fund has an interest and to sell, transfer and convey any such property to a buyer and, in the event of such sale, transfer or conveyance cannot be effected with reasonable promptness or at a reasonable price, to lease such property to a tenant;
(16) To purchase or sell, at public or private sale, any mortgage or other negotiable instrument or obligation securing a construction, rehabilitation, improvement, land development, mortgage or temporary loan;
(17) To procure insurance against any loss in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(18) To consent, whenever it deems it necessary or desirable in the fulfillment of its corporate purpose, to the modification of the rate of interest, time of payment or any installment of principal or interest, or any other terms, of mortgage loan, mortgage loan commitment, construction loan, rehabilitation loan, improvement loan, temporary loan, contract or agreement of any kind to which the housing development fund is a party;
(19) To make and publish rules and regulations respecting its federally insured mortgage lending, uninsured mortgage lending, construction lending, rehabilitation lending, improvement lending and lending to defray development costs and any such other rules and regulations as are necessary to effectuate its corporate purpose;
(20) To borrow money to carry out and effectuate its corporate purpose and to issue its bonds or notes as evidence of any such borrowing in such principal amounts and upon such terms as shall be necessary to provide sufficient funds for achieving its corporate purpose, except that no notes shall be issued to mature more than ten years from date of issuance and no bonds shall be issued to mature more than fifty years from date of issuance;
(21) To issue renewal notes, to issue bonds to pay notes and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured except that no such renewal notes shall be issued to mature more than ten years from date of issuance of the notes renewed and no such refunding bonds shall be issued to mature more than fifty years from the date of issuance;
(22) To apply the proceeds from the sale of renewal notes or refunding bonds to the purchase, redemption or payment of the notes or bonds to be refunded;
(23) To make grants and provide technical services to assist in the purchase or other acquisition, planning, processing, design, construction, or rehabilitation, improvement or operation of residential housing, nonresidential projects or land development: Provided, That no such grant or other financial assistance shall be provided except upon a finding by the housing development fund that such assistance and the manner in which it will be provided will preserve and promote residential housing in this state or the interests of this state in maintaining or increasing employment or the tax base;
(24) To provide project assistance services for residential housing, nonresidential projects and land development, including, but not limited to, management, training and social and other services;
(25) To promote research and development in scientific methods of constructing low cost land development, residential housing or nonresidential projects of high durability including grants, loans or equity contributions for research and development purposes: Provided, That no such grant or other financial assistance shall be provided except upon a finding by the housing development fund that such assistance and the manner in which it will be provided will preserve and promote residential housing in this state or the interests of this state in maintaining and increasing employment and the tax base;
(26) With the proceeds from the issuance of notes or bonds of the housing development fund, including, but not limited to, mortgage finance bonds, or with other funds available to the housing development fund for such purpose, to participate in the making of or to make loans to mortgagees approved by the housing development fund and take such collateral security therefor as is approved by the housing development fund and to invest in, purchase, acquire, sell or participate in the sale of, or take assignments of, notes and mortgages, evidencing loans for the construction, rehabilitation, improvement, purchase or refinancing of land development, residential housing or nonresidential projects in this state: Provided, That the housing development fund shall obtain such written assurances as shall be satisfactory to it that the proceeds of such loans, investments or purchases will be used, as nearly as practicable, for the making of or investment in long-term federally insured mortgage loans or federally insured construction loans, uninsured mortgage loans or uninsured construction loans, for land development, residential housing or nonresidential projects or that other moneys in an amount approximately equal to such proceeds shall be committed and used for such purpose;
(27) To make or participate in the making of uninsured construction loans for land development, residential housing or nonresidential projects. Such loans shall be made only upon determination by the housing development fund that construction loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions;
(28) To make or participate in the making of long-term uninsured mortgage loans for land development, residential housing or nonresidential projects. Such loans shall be made only upon determination by the housing development fund that long-term mortgage loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions;
(29) To obtain options to acquire real property, or any interest therein, in its own name, by purchase, or lease or otherwise, which is found by the housing development fund to be suitable, or potentially suitable, as a site, or as part of a site, for land development or the construction of residential housing or nonresidential projects; to hold such real property or to acquire by purchase or otherwise and to transfer by sale or otherwise any ownership or equity interests in any other legal entity which holds such real property; to finance the performance of land development, residential housing or nonresidential projects on or in connection with any such real property or to perform land development, residential housing or nonresidential projects on or in connection with any such real property; to own, operate and sponsor or participate in the sponsorship of land development, residential housing or nonresidential projects; or to sell, transfer and convey, lease or otherwise dispose of such real property, or lots, tracts or parcels of such real property, for such prices, upon such terms, conditions and limitations, and at such time or times as the housing development fund shall determine;
(30) To make loans, with or without interest, but with such security for repayment as the housing development fund determines reasonably necessary and practicable from the land development fund, if created, established, organized and operated in accordance with the provisions of section twenty-a of this article, to sponsors of land development, to defray development costs and other costs of land development;
(31) To exercise all of the rights, powers and authorities of a public housing authority as set forth and provided in article fifteen, chapter sixteen of this code, in any area or areas of the state which the housing development fund shall determine by resolution to be necessary or appropriate;
(32) To provide assistance to urban renewal projects in accordance with the provisions of section twenty-eight, article eighteen, chapter sixteen of this code and in so doing to exercise all of the rights, powers and authorities granted in this article or in said article, in and for any communities of the state which the housing development fund shall determine by resolution to be necessary or appropriate;
(33) To make or participate in the making of loans for the purpose of rehabilitating or improving existing residential and temporary housing or nonresidential projects, or to owners of existing residential or temporary housing for occupancy by eligible persons and families for the purpose of rehabilitating or improving such residential or temporary housing or nonresidential projects and, in connection therewith, to refinance existing loans involving the same property. Such loans shall be made only upon determination by the housing development fund that rehabilitation or improvement loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions;
(34) Whenever the housing development fund deems it necessary in order to exercise any of its powers set forth in subdivision (29) of this section, and upon being unable to agree with the owner or owners of real property or interest therein sought to be acquired by the fund upon a price for acquisition of private property not being used or operated by the owner in the production of agricultural products, to exercise the powers of eminent domain in the acquisition of such real property or interest therein in the manner provided under chapter fifty-four of this code, and the purposes set forth in said subdivision are hereby declared to be public purposes for which private property may be taken. For the purposes of this section, the determination of 'use or operation by the owner in the production of agricultural products' means that the principal use of such real estate is for the production of food and fiber by agricultural production other than forestry, and the fund shall not initiate or exercise any powers of eminent domain without first receiving an opinion in writing from both the governor and the commissioner of agriculture of this state that at the time the fund had first attempted to acquire such real estate or interest therein, such real estate or interest therein was not in fact being used or operated by the owner in the production of agricultural products;
(35) To acquire, by purchase or otherwise, and to hold, transfer, sell, assign, pool or syndicate, or participate in the syndication of, any loans, notes, mortgages, securities or debt instruments collateralized by mortgages or interests in mortgages or other instruments evidencing loans or equity interests in or for the construction, rehabilitation, improvement, renovation, purchase or refinancing of land development, residential housing and nonresidential projects in this state; and
(36) To form one or more nonprofit corporations, whose board of directors shall be the same as the board of directors of the housing development fund, which shall be authorized and empowered to carry out any or all of the corporate powers or purposes of the housing development fund, including, without limitation, acquiring limited or general partnership interests and other forms of equity ownership.
(37) To receive and compile data into an electronic database and make available the raw mortgage foreclosure data that is required to be reported to county clerks by trustees pursuant to the provisions of section eight-a, article one, chapter thirty-eight of this code, including all data that has been received by the banking commissioner pursuant to subsection (a) of section four-c, article two, chapter thirty-one-a of this code, as of the effective date of the effective date of the amendments made to said section during the regular session of the 2010 legislature. This information shall be periodically forwarded by county clerks to the housing development fund, in accordance with the provisions of section four-a, article thirteen, chapter forty-four of this code.
CHAPTER 31A. BANKS AND BANKING

ARTICLE 2. DIVISION OF BANKING.

§31A-2-4c. County Clerk to file reports of trustees regarding sales of residential real property pursuant to deeds of trust and forward to the banking commissioner; transfer of powers and duties relating to reports of trustees to the West Virginia Housing Development Fund.

(a) In addition to the jurisdiction, powers, and duties set out in section four of this article, the banking commissioner is vested with the jurisdiction, powers and duties to receive and compile the data into an electronic database and make available the raw data that is required to be reported by trustees to county clerks pursuant to chapter thirty-eight, article one, section eight-a section eight-a, article one, chapter thirty-eight of the Code of West Virginia. The commissioner has the power to promulgate rules in accordance with this section and the provisions of article three, chapter twenty- nine-a of this code in order to carry out the requirements of this section. The commissioner is authorized to expend funds for this purpose.
(b) On and after July 1, 2010, the jurisdiction, powers and duties vested in the banking commissioner in subsection (a) of this section are hereby transferred and imposed upon the West Virginia Housing Development Fund established in article eighteen, chapter thirty-one of this code and all data that has been received and compiled by the banking commissioner pursuant to subsection (a) of this section shall be transferred to the West Virginia Housing Development Fund.
CHAPTER 38. LIENS
ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.

§38-1-8a. Reports by Trustee to County Clerk; additional information to be filed with report of sale.

(a) This section applies to deeds of trust if the property conveyed therein includes real property that is occupied, or is intended to be occupied as a residence by the grantor at time the deed of trust is executed and delivered.
(b) Beginning July 1, 2009, when a report of the sale of the property sold pursuant to a deed of trust is placed of record by the trustee with the clerk of the county commission as provided in section eight of this article, the trustee shall include the following information on a disclosure form submitted with and made a part of the report of sale:
(1) Name or names of the grantor of the deed of trust;
(2) Street address, city, state and zip code of real property subject to the trust;
(3) Original trustee name;
(4) Substitute trustee name, if any, and date of appointment;
(5) The address, telephone number and electronic contact information for the trustee making the sale;
(6) Date, time and place advertised for sale;
(7) Name of original secured lender;
(8) Current holder of deed of trust, and the current holder's address;
(9) Original principal amount of the secured debt;
(10) Original interest rate;
(11) Whether the loan was adjustable and if so current rate;
(12) Total secured indebtedness at time of sale;
(13) The number of months the loan is delinquent at time of notice of sale; and
(14) The date, time and place of sale;
(15) The name of the purchaser;
(16) The appraised value at the time of loan, if available;
(17) The net amount applied to the secured loan;
(18) The date the report of sale is recorded; and
(19) Any other information the banking commissioner West Virginia Housing Development Fund may require by rule.
(c) The Commissioner of Banking West Virginia Housing Development Fund established in article eighteen, chapter thirty-one of this code shall publish a form setting out the information required by subsection (b) and instructions as to how this information is to be filed with the report of sale.
(d) Notwithstanding any other provision of this code, nothing in this section shall be deemed to create a responsibility by the Commissioner of Banking West Virginia Housing Development Fund to provide any report other than a compilation into an electronic data base of the data that is required to be submitted pursuant to subsection (b) of this section and the compiled raw data submitted from each county clerk. or The West Virginia Housing Development Fund is not required to verify and is not responsible for the veracity of the accuracy of the data submitted.
(e) Failure to comply with this the provisions of this section shall not affect the validity of the sale or the title to the property sold by the trustee.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.

ARTICLE 13. POWERS AND DUTIES OF CLERKS OF COUNTY COURTS IN COUNTIES HAVING SEPARATE TRIBUNAL FOR POLICE AND FISCAL PURPOSES.

§44-13-4a. Reporting of foreclosure statistics.
(a) Beginning with the third quarter of 2009 2010, the clerk of each county commission shall file quarterly with the Division of Banking West Virginia Housing Development Fund established in article eighteen, chapter thirty-one of this code the disclosure forms of deed of trust foreclosure sales that were recorded in that county for the preceding calendar year quarter. Up until that time, through the second quarter of 2010, such quarterly reports shall be filed with the Division of Banking. The reports shall be filed within fifteen days of the last day of September, December, March and June of each year. The reports shall be filed in electronic format, where possible.
(b) Notwithstanding any other provision of this code, nothing in this section shall be deemed to create a responsibility on the Division of Banking to provide any report other than the complied raw data submitted from each county clerk or to verify the accuracy of the data submitted.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.
§59-1-10. Fees to be charged by clerk of county commission.
For the purpose of this section, the word 'page' is defined as being a paper or electronic writing of not more than legal size, 8 1/2" x 14".
The clerk of the county commission shall charge and collect the following fees:
(a) When a writing is admitted to record, for receiving proof of acknowledgment thereof, entering an order in connection therewith, endorsing clerk's certificate of recordation thereon and indexing in a proper index, where the writing is a:
(1) Deed of conveyance (with or without a plat), trust deed, fixture filing or security agreement concerning real estate lease, $15.
(2) Trustee's report of sale for any property for which additional information and filing requirements are required by section eight-a, article one, chapter thirty-eight of this code, $40, provided that: Provided, That $20 of each recording fee received pursuant to this subdivision shall be deposited into the county's General Revenue Fund and $20 of each of the aforesaid recording fees shall be paid quarterly by the county clerk of the county commission to the state Treasurer quarterly and deposited in the Banking Commissioner's fund to cover its expenses in aggregating, collecting and publishing the data West Virginia Housing Development Fund established in article eighteen, chapter thirty-one of this code.
(3) Financing, continuation, termination or other statement or writing permitted to be filed under chapter forty-six of this code, $10.
(4) Plat or map (with no deed of conveyance), $10.
(5) Service discharge record, no charge.
(6) Any document or writing other than those referenced in subdivisions (1), (2), (3), (4) and (5) of this subsection, $10.
(7) If any document or writing contains more than five pages, for each additional page, $1.
For any of the documents admitted to record pursuant to this subsection, if the clerk of the county commission has the technology available to receive these documents in electronic form or other media, the clerk shall set a reasonable fee to record these writings not to exceed the cost for filing paper documents.
(8) Of the fees collected pursuant to subdivision (1), subsection (a) of this section, $10 shall be deposited in the county general fund in accordance with section twenty-eight of this article and $1 shall be deposited in the county general fund and dedicated to the operation of the county clerk's office. Four dollars of the fees collected pursuant to subdivision (1), subsection (a) of this section and $5 of the fees collected pursuant to subdivision (6), subsection (a) of this section shall be paid by the county clerk into the state Treasury and deposited in equal amounts for deposit into the Farmland Protection Fund created in article twelve, chapter eight-a of this code for the benefit of the West Virginia Agricultural Land Protection Authority and into the Outdoor Heritage Conservation Fund created in article two-g, chapter five-b of this code: Provided, That the funds deposited in the state Treasury pursuant to this subdivision may only be used for costs, excluding personnel costs, associated with purpose of land conservation, as defined in subsection (f), section seven, article two- g, chapter five-b of this code.
(b) For administering any oath other than oaths by officers and employees of the state, political subdivisions of the state or a public or quasi-public entity of the state or a political subdivision of the state, taken in his or her official capacity, $5.
(c) For issuance of marriage license and other duties pertaining to the marriage license (including preparation of the application, administrating the oath, registering and recording the license, mailing acknowledgment of minister's return to one of the licensees and notification to a licensee after sixty days of the nonreceipt of the minister's return), $35.
(1) One dollar of the marriage license fee received pursuant to this subsection shall be paid by the county clerk into the state Treasury as a state registration fee in the same manner that license taxes are paid into the Treasury under article twelve, chapter eleven of this code;
(2) Fifteen dollars of the marriage license fee received pursuant to this subsection shall be paid by the county clerk into the state Treasury for the Family Protection Shelter Support Act in the same manner that license taxes are paid into the Treasury under article twelve, chapter eleven of this code;
(3) Ten dollars of the marriage license fee received pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
(d) (1) For a copy of any writing or document, if it is not otherwise provided for, $1.50.
(2) If the copy of the writing or document contains more than two pages, for each additional page, $1.
(3) For annexing the seal of the commission or clerk to any paper, $1.
(4) For a certified copy of a birth certificate, death certificate or marriage license, $5.
(e) For copies of any record in electronic form or a medium other than paper, a reasonable fee set by the clerk of the county commission not to exceed the costs associated with document search and duplication."
On motion of Delegate Miley, the Judiciary Committee amendment was amended on page seventeen, section eight-a, line seven, immediately following the word "require", by striking out the words "by rule", followed by a period.
The Judiciary Committee amendment, as amended, was then adopted.
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 396, Updating commercial driver's license requirements; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.

ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1a. Surrender of license from other state or jurisdiction prior to receipt of license from this state; examination; fees required.

(a) The Division of Motor Vehicles shall may not issue a driver's license to a person who holds a valid license to operate a motor vehicle issued by another state or jurisdiction subject to a reciprocal agreement governing the licensing of drivers operating commercial motor vehicles or party to a reciprocal driver's license exchange agreement with this state unless or until the applicant shall surrender surrenders to the division the foreign license, or the person has signed and submitted to the division an affidavit to the effect that the person has surrendered all valid licenses issued to him or her by other states or jurisdictions. Any surrendered license issued by any other state or jurisdiction shall be destroyed or at the discretion of the division retained by the division and the division shall notify the original state of licensure that the person who surrendered the license has been licensed in this state. It shall be is unlawful for a person to possess more than one valid driver's license at any time.
(b) Every driver shall, within thirty days after taking up residence in this state, apply to the division for a driver's license as prescribed in this article. For the purposes of this chapter the presumption that a natural person is a resident of this state is based on the provisions of section one- a, article three, chapter seventeen-a of this code. The division may assign the driver's license class, type, endorsements or restrictions based on the applicant's prior licensing status, age and the type of licensing system used by the state of prior licensing.
(c) All other applicable provisions of this article relating to issuance, fees, expiration and renewal of licenses, and driver examination of applicants shall also apply to this section.
§17B-2-4. Persons prohibited from driving school buses or transporting persons or property for compensation.

No person who is under the age of eighteen years and no person who has been convicted of an offense described in section two, article five, chapter seventeen-c of this code, and which conviction has become final shall may drive any school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation nor in either event until such the person has been licensed as a Class A, B, C or D driver for either such purpose and the license so indicates and until he or she is in compliance with the provisions of chapter seventeen-e of this code and rules promulgated by the State Board of Education, if applicable.
§17B-2-5a. Training, certification and monitoring of license examiners.
(a) The commissioner shall train, certify and monitor those employees of the Division of Motor Vehicles designated by the commissioner as license examiners regarding the administration of licensing application and testing procedures for the purpose of ensuring compliance with statutory and regulatory requirements.
(b) In order to determine an applicant's suitability for employment, the commissioner shall require every applicant for a license examiner position or employee who is or may be in a position involved in the examination, processing or issuance of a driver's license or identification card, or who would have access to affect any document or record related to an applicant or holder of a driver's license or identification to furnish a full set of fingerprints to facilitate a criminal background check of the applicant. The commissioner shall submit the fingerprints to the state Criminal Identification Bureau along with the applicant's identifying information. Prior to hiring a prospective applicant the commissioner shall request that the State Police submit the fingerprints and identifying information to the Federal Bureau of Investigation for a national criminal history record check and that the commissioner may not hire the prospective applicant until the results of the national background check are available for evaluation.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.

ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.

§17E-1-3. Definitions.

Notwithstanding any other provision of this code, the following definitions apply to this article:
(1) 'Alcohol' means:
(A) Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propenyl and isopropanol;
(B) Beer, ale, port or stout and other similar fermented beverages (including sake or similar products) of any name or description containing one half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt;
(C) Distilled spirits or that substance known as ethyl alcohol, ethanol or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced); or
(D) Wine of not less than one half of one percent of alcohol by volume.
(2) 'Alcohol concentration' means:
(A) The number of grams of alcohol per one hundred milliliters of blood;
(B) The number of grams of alcohol per two hundred ten liters of breath; or
(C) The number of grams of alcohol per sixty-seven milliliters of urine.
(D) The number of grams of alcohol per eighty-six milliliters of serum.
(3) 'At fault traffic accident' means for the purposes of waiving the road test, a determination, by the official filing the accident report, of fault as evidenced by an indication of contributing circumstances in the accident report.
(4) 'Commercial driver's license' means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(5) 'Commercial driver's license information system' is the information system established pursuant to the Federal Commercial Motor Vehicle Safety Act to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(6) 'Commercial driver instruction permit' means a permit issued pursuant to subsection (d), section nine of this article.
(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross combination vehicle weight rating of twenty-six thousand one pounds or more inclusive of a towed unit(s) with a gross vehicle weight rating of more than ten thousand pounds;
(B) If the vehicle has a gross vehicle weight rating of more than twenty-six thousand one pounds or more;
(C) If the vehicle is designed to transport sixteen or more passengers, including the driver; or
(D) If the vehicle is of any size transporting hazardous materials as defined in this section.
(8) 'Commissioner' means the Commissioner of Motor Vehicles of this state.
(9) 'Controlled substance' means any substance classified under the provisions of chapter sixty-a of this code (Uniform Controlled Substances Act) and includes all substances listed on Schedules I through V, inclusive, article two of said chapter sixty-a, as they are revised. The term 'controlled substance' also has the meaning such term has under 21 U.S.C. §802.6 and includes all substances listed on Schedules I through V of 21 C.F.R. §1308 as they may be amended by the United States Department of Justice.
(10) 'Conviction' means an unvacated adjudication of guilt; a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal or proceeding; an unvacated forfeiture of bail or collateral deposited to secure the persons appearance in court; a plea of guilty or nolo contendere accepted by the court or the payment of a fine or court cost, or violation of a condition of release without bail regardless of whether or not the penalty is rebated, suspended, or probated.
(11) 'Division' means the Division of Motor Vehicles.
(12) 'Disqualification' means any of the following three actions:
(A) The suspension, revocation, or cancellation of a driver's license by the state or jurisdiction of issuance.
(B) Any withdrawal of a person's privilege to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control other than parking or vehicle weight except as to violations committed by a special permittee on the coal resource transportation system or vehicle defect violations.
(C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. Part §391 (2004).
(13) 'Drive' means to drive, operate or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For the purposes of sections twelve, thirteen and fourteen of this article, 'drive' includes operation or physical control of a motor vehicle anywhere in this state.
(14) 'Driver' means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license.
(15) 'Driver's license' means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle of a specific class.
(16) 'Employee' means any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to drive a commercial motor vehicle for an employer.
(17) 'Employer' means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(18) 'Endorsement' means an authorization to a person to operate certain types of commercial motor vehicles.
(19) 'Farm vehicle' includes a motor vehicle or combination vehicle registered to the farm owner or entity operating the farm and used exclusively in the transportation of agricultural or horticultural products, livestock, poultry and dairy products from the farm or orchard on which they are raised or produced to markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants and in the transportation of agricultural or horticultural supplies and machinery to the farms or orchards to be used on the farms or orchards.
(20) 'Farmer' includes an owner, tenant, lessee, occupant or person in control of the premises used substantially for agricultural or horticultural pursuits who is at least eighteen years of age with two years' licensed driving experience.
(21) 'Farmer vehicle driver' means the person employed and designated by the 'farmer' to drive a 'farm vehicle' as long as driving is not his or her sole or principal function on the farm who is at least eighteen years of age with two years' licensed driving experience.
(22) 'Felony' means an offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year.
(23) 'Gross combination weight rating (GCWR)' means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
(24) 'Gross vehicle weight rating (GVWR)' means the value specified by the manufacturer as the loaded weight of a single vehicle. In the absence of a value specified by the manufacturer the GVWR will be determined by the total weight of the vehicle and any load thereon.
(25) 'Hazardous materials' means any material that has been designated as hazardous under 49 U.S.C. §5103 and is required to be placarded under subpart F of 49 C.F.R. Part §172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. Part §73.
(26) 'Imminent Hazard' means existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
(27) 'Issuance of a license' means the completion of a transaction signifying that the applicant has met all the requirements incumbent in qualifying for, including, but not limited to, the initial issuance of a driver's license, the renewal of a driver's license, the issuance of a duplicate license as a replacement to a lost or stolen driver's license, the transfer of any level of driving privileges including the privilege of operating a commercial motor vehicle from another state or jurisdiction, the changing of driver's license class, restrictions or endorsements or the change of any other information pertaining to an applicant either appearing on the face of a driver's license or within the driver record of the licensee maintained by the division.
(27) (28) 'Motor vehicle' means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(28) (29) 'Noncommercial motor vehicle' means a motor vehicle or combination of motor vehicles not defined by the term 'commercial motor vehicle'.
(29) (30) 'Out-of-service order' means a temporary prohibition against driving a commercial motor vehicle as a result of a determination by a law-enforcement officer, an authorized enforcement officer of a federal, state, Canadian, Mexican, county or local jurisdiction including any special agent of the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. §§386.72, 392.5, 395.13, 396.9 or compatible laws or the North American uniform out-of-service criteria that an imminent hazard exists.
(30) (31) 'Violation of an out-of-service order' means:
(A) The operation of a commercial motor vehicle during the period the driver was placed out- of-service; or
(B) The operation of a commercial motor vehicle by a driver after the vehicle was placed out of service and before the required repairs are made.
(31) (32) 'School bus' means a commercial motor vehicle used to transport preprimary, primary or secondary school students from home-to-school, from school-to-home, or to and from school sponsored events. School bus does not include a bus used as a common carrier.
(32) (33) 'Serious traffic violation' means conviction for any of the following offenses when operating a commercial motor vehicle:
(A) Excessive speeding involving any single offense for any speed of fifteen miles per hour or more above the posted limits;
(B) Reckless driving as defined in section three, article five, chapter seventeen-c of this code and careless or negligent driving, including, but not limited to, the offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property;
(C) Erratic or improper traffic lane changes including, but not limited to, passing a school bus when prohibited, improper lane changes and other passing violations;
(D) Following the vehicle ahead too closely;
(E) Driving a commercial motor vehicle without obtaining a commercial driver's license;
(F) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession. However, any person who provides proof to the law-enforcement agency that issued the citation, by the date the person must appear in court or pay any fine for such violation, that the person held a valid commercial driver's license on the date the citation was issued, shall not be guilty of this offense;
(G) Driving a commercial motor vehicle without the proper class of commercial driver's license and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported; or
(H) A violation of state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal traffic accident; or
(I) Vehicle defects are excluded as serious traffic violations, except as to violations committed by a special permittee on the coal resource transportation road system; or
(J)(I) Any other serious violations determined by the United States Secretary of Transportation.
(J) Vehicle defects are excluded as serious traffic violations, except as to violations committed by a special permittee on the coal resource transportation road system.
(33) (34) 'State' means a state of the United States and the District of Columbia or a province or territory of Canada or a state of the United Mexican States.
(34) (35) 'State of Domicile' means the state where a person has his or her true, fixed and permanent home and principle residence and to which he or she has the intention of returning whenever absent in accordance with chapter seventeen-a, article three, section one-a.
(35) (36) 'Suspension, revocation or cancellation' of a driver's license, or a commercial driver's license means the privilege to operate any type of motor vehicle on the roads and highways of this state is withdrawn.
(36) (37) 'Tank vehicle' means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C. F. R. Part 171 (1998). However, this definition does not include portable tanks having a rated capacity under one thousand gallons.
(37) (38) 'Transportation Security Administration' means the United States Department of Homeland Security Transportation Security Administration.
(38) (39) 'United States' means the fifty states and the District of Columbia.
(39) (40) 'Vehicle Group' means a class or type of vehicle with certain operating characteristics.
§17E-1-4. Limitation on number of driver's licenses.
No person who drives a commercial motor vehicle may have more than one driver's license at one time. The division shall require the surrender of any previously issued driver's license before issuing a renewed or duplicate driver's license with updated information.
§17E-1-6. Employer responsibilities.
(a) Each employer must shall require the applicant to provide the information specified in section five of this article.
(b) No employer may knowingly allow, permit, require or authorize a driver to drive a commercial motor vehicle during any period in which the driver:
(1) In which the driver Has a driver's license suspended, revoked or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or
(2) In which the driver Has more than one driver's license at one time;
(3) During any period in which the driver Or the commercial motor vehicle he or she is driving or the motor carrier operation is subject to an out-of-service order;
(4) Is in violation of federal, state or local law or regulation pertaining to railroad highway grade crossings; or
(5) During any period the driver Is in violation of any provision of 49 C.F.R., Part §382 related to controlled substances and alcohol use and testing.
(c) The division shall impose a civil penalty, in addition to any penalty required under the provisions of section twenty-five of this article, on any employer who knowingly allows, permits, requires or authorizes a driver to drive a commercial motor vehicle in violation of subdivision three or four of subsection (b) of this section.
(1) If the conviction is for a violation of subdivision three of subsection (b) of this section, the penalty shall be is $2,750.
(2) If the conviction is for a violation of subdivision four of subsection (b) of this section, the penalty shall be no more than ten thousand dollars $25,000.
§17E-1-7. Commercial driver's license required; disqualification for driving without valid license.

(a) On or after the first day of April, one thousand nine hundred ninety-two, except when driving under a commercial driver's instruction permit accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds a commercial driver's license and applicable endorsements valid for the vehicle they are driving.
(b) No person may drive a commercial motor vehicle while their driving privilege is suspended, revoked, canceled, expired, subject to a disqualification or in violation of an out-of-service order.
(c) Drivers of a commercial motor vehicle shall have a commercial driver's license in their possession at all times while driving.
(d) The Commissioner shall suspend for a period of sixty days the driving privileges of any person who is convicted of operating a commercial motor vehicle:
(1)without Without holding a valid commercial driver's license and the applicable endorsements valid for the vehicle he or she is driving in accordance with subsection (a) of this section, or
(2) for For any conviction for operating a commercial motor vehicle while his or her privilege to operate a motor vehicle were suspended, revoked, canceled or while disqualified from operating a commercial motor vehicle in accordance with subsection (b) of this section.
(e) Any person not holding a commercial driver's license who is convicted of an offense that requires disqualification from operating a commercial motor vehicle shall also be disqualified from eligibility for a commercial driver's license for the same time periods as prescribed in federal law or rule or section thirteen of this article for commercial driver's license holders.
(f) The Commissioner shall suspend the driver's license or the privilege to drive in this state of any holder of a commercial driver's license or operator of a commercial motor vehicle upon receiving notice from another state or jurisdiction of failure to pay fines, costs, forfeitures or penalties imposed or failure to appear or failure to respond for any violation of a state or local law relating to motor vehicle traffic control in accordance with 49 C.F.R. §384.225 (2009). A suspension under this section will continue until the person provides proof of compliance from the court and pays the reinstatement fee provided in section nine, article three, chapter seventeen-b of this Code.
§17E-1-12. Classifications, endorsements and restrictions.
(a) Commercial driver's licenses may be issued with the following classifications:
(1) Class A combination vehicle. -- Any combination of vehicles with a gross combined vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand pounds.
(2) Class B heavy straight vehicle. -- Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more and any vehicle towing a vehicle not in excess of ten thousand pounds.
(3) Class C small vehicle. -- Any single vehicle or combination vehicle that does not fall under either Class A or Class B but are:
(A) Vehicles designed to transport sixteen or more passengers, including the driver; and
(B) Vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R. Part §172, Subpart F (2004).
(4) Each applicant who desires to operate a vehicle in a classification different from the class in which the applicant is authorized shall be is required to retake and pass all related tests except the following:
(A) A driver who has passed the knowledge and skills test for a combination vehicle in Class A may operate a heavy straight vehicle in Class B or a small vehicle in Class C provided he or she possesses the required endorsements; and
(B) A driver who has passed the knowledge and skills test for a vehicle in Class B may operate any small vehicle in Class C provided he or she possesses the required endorsements.
(b) Endorsements and restrictions. -- The Commissioner upon issuing a commercial driver's license may impose endorsements and or restrictions determined by the Commissioner to be appropriate to assure the safe operation of a specific class, type or category of motor vehicle or a specifically equipped motor vehicle and to comply with 49 U.S.C., et seq., and 49 C.F.R. §383.93 (2004) including, but not limited to endorsements or restrictions to operate:
(1) Double/triple Double or triple trailers which shall require requires successful completion of a knowledge test;
(2) Passenger vehicles which shall require requires successful completion of a knowledge and skills test;
(3) Tank vehicles which shall require requires successful completion of a knowledge test;
(4) Vehicles used for the transportation of hazardous materials as defined in section three of this article which shall require requires the completion of a knowledge test and a background security risk check in accordance with 49 C.F.R. §1572.5 (2004); or
(5) School buses which shall require requires successful completion of a knowledge and skills test unless the applicant meets the criteria for waiver of the skills test in accordance with 49 C.F.R. §383.123(b) (2004); or
(6) Vehicles equipped with air brakes which requires the completion of a skills test.
(c) Applicant record check. -- Before issuing a commercial driver's license, the Commissioner shall obtain driving record information through the commercial driver's license information system, the national driver register and from each state in which the person has been licensed.
(d) Notification of license issuance. -- Within ten days after issuing a commercial driver's license, the Commissioner shall notify the commercial driver's license information system of that fact, providing all information required to ensure identification of the person.
(e) Expiration of license. --
(1) Every commercial driver's license issued to persons who have attained their twenty-first birthday expires on the applicant's birthday in those years in which the applicant's age is evenly divisible by five. Except as provided in subdivision two of this subsection, no commercial driver's license may be issued for less than three years nor more than seven years and the commercial driver's license shall be renewed by the applicant's birthday and is valid for a period of five years, expiring on the applicant's birthday and in a year in which the applicant's age is evenly divisible by five. No commercial driver's license with a hazardous materials endorsement may be issued for more than five years.
(2) Every commercial driver's license issued to persons who have not attained their twenty-first birthday expires thirty days after the applicant's birthday in the year in which the applicant attains the age of twenty-one years.
(3) Commercial driver's licenses held by any person in the Armed Forces which expire while that person is on active duty remains valid for thirty days from the date on which that person reestablishes residence in West Virginia.
(4) Any person applying to renew a commercial driver's license which has been expired for six months or more shall follow the procedures for an initial issuance of a commercial driver's license, including the testing provisions.
(f) When applying for renewal of a commercial driver's license, the applicant shall complete the application form and provide updated information and required certifications.
(g) If the applicant wishes to obtain or retain a hazardous materials endorsement, the applicant shall comply with a background check in accordance with 49 U.S.C. §5103a and 49 C.F.R. Part §1572 (2004) and subject to the following:
(1) The applicant is a citizen of the United States or a lawful permanent resident of the United States;
(2) The applicant completes the application prescribed by the division and submits fingerprints in a form and manner prescribed by the division and the United States Department of Homeland Security-Transportation Security Administration at the time of application or at any other time in accordance with 49 C.F.R. §1572.5 (2004);
(3) The applicant pays all fees prescribed by the Transportation Security Administration or its agent and the division;
(4) The applicant has not been adjudicated as a mental defective or committed to a mental institution as prescribed in 49 C.F.R. §1572.109 (2004);
(5) The applicant has not committed a disqualifying criminal offense as described in 49 C.F.R. §1572.103 (2004);
(6) The applicant has passed the Transportation Security Administration security threat assessment and the Division has received a final notification of threat assessment or notification of no security threat from the Transportation Security Administration: Provided, That any appeal of any decision, determination or ruling of the Federal Bureau of Investigation or the Transportation Security Agency shall be directed to that agency; and
(7) The applicant has successfully passed the written test for the issuance or renewal of a hazardous material endorsement.
§17E-1-13. Disqualification.
(a) A person shall may not operate a commercial motor vehicle if his or her privilege to operate a commercial motor vehicle is disqualified under the provisions of the Federal Motor Carrier Safety Improvement Act of 1999 (public law 106-159 §1748), 49 C.F.R. Part §383, Subpart D (2004) or in accordance with the provisions of this section.
(1) For the purposes of determining first and subsequent violations of the offenses listed in this section, each conviction for any offense listed in this section resulting from a separate incident shall include includes convictions for offenses committed in a commercial motor vehicle or a noncommercial motor vehicle.
(2) Any person disqualified from operating a commercial motor vehicle for life under the provisions of this chapter for offenses described in subsection (b) subdivisions (1) through (8) (4) and (6) of this section is eligible for reinstatement of privileges to operate a commercial motor vehicle after ten years and after completion of the safety and treatment program or other appropriate program prescribed by the division. Any person whose lifetime disqualification has been amended under the provisions of this subdivision and who is subsequently convicted of a disqualifying offense described in subsection (b), subdivisions (1) through (8) of this section shall not be is not eligible for reinstatement.
(3) Any disqualification imposed by this section shall be is in addition to any action to suspend, revoke or cancel the driver's license or driving privileges if suspension, revocation or cancellation is required under another provision of this code.
(4) The provisions of this section apply to any person operating a commercial motor vehicle and to any person holding a commercial driver's license.
(b) Any person is disqualified from driving a commercial motor vehicle for the following offenses and time periods if convicted of:
(1) Driving a motor vehicle under the influence of alcohol or a controlled substance;
(A) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of one year.
(B) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a noncommercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of one year.
(C) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F, a driver shall be is disqualified from operating a commercial motor vehicle for a period of three years.
(D) For a second conviction or for refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for life.
(E) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial motor vehicle license holder shall be is disqualified from operating a commercial motor vehicle for life.
(2) Driving a commercial motor vehicle while the person's alcohol concentration of the person's blood, breath or urine is four hundredths of one percent or more, by weight;
(A) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(B) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F, a driver shall be is disqualified from operating a commercial motor vehicle for three years.
(C) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for life.
(3) Refusing to submit to any designated secondary chemical test required by the provisions of this code or the provisions of 49 C.F.R. §383.72 (2004);
(A) For the first conviction or refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(B) For the first conviction or refusal to submit to any designated secondary chemical test while operating a noncommercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for one year.
(C) For the first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F (2004), a driver shall be is disqualified from operating a commercial motor vehicle for a period of three years.
(D) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for life.
(E) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for life.
(4) Leaving the scene of an accident;
(A) For the first conviction while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(B) For the first conviction while operating a noncommercial motor vehicle, a commercial driver's license holder shall be is disqualified for one year.
(C) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F (2004), a driver shall be is disqualified from operating a commercial motor vehicle for a period of three years.
(D) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for life.
(E) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for life.
(5) Using a motor vehicle in the commission of any felony as defined in section three, article one of this chapter: Provided, That the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance falls under the provisions of subdivision eight of this subsection;
(A) For the first conviction while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(B) For the first conviction while operating a noncommercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for one year.
(C) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be is disqualified from operating a commercial motor vehicle for a period of three years.
(D) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for life.
(E) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial motor vehicle license holder shall be is disqualified from operating a commercial motor vehicle for life.
(6) Operating a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the driver's privilege to operate a motor vehicle has been suspended, revoked or canceled, or the driver's privilege to operate a commercial motor vehicle has been disqualified.
(A) For the first conviction while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(B) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be is disqualified from operating a commercial motor vehicle for a period of three years.
(C) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for life.
(7) Causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide and negligent homicide as defined in section five, article three, chapter seventeen-b, and section one, article five, chapter seventeen-c of this code;
(A) For the first conviction while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(B) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be is disqualified from operating a commercial motor vehicle for a period of three years.
(C) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for life.
(8) Using a motor vehicle in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance, a driver shall be is disqualified from operating a commercial motor vehicle for life and shall not be eligible for reinstatement.
(c) Any person is disqualified from driving a commercial motor vehicle if convicted of;
(1) Speeding excessively involving any speed of fifteen miles per hour or more above the posted speed limit;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(2) Reckless driving as defined in section three, article five, chapter seventeen-c of this code, careless, or negligent driving including, but not limited to, the offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(3) Making improper or erratic traffic lane changes;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(4) Following the vehicle ahead too closely;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination
of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(5) Violating any law relating to traffic control arising in connection with a fatal accident, other than a parking violation;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver's license holder's privilege to operate any motor vehicle, a commercial motor vehicle license holder shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(6) Driving a commercial motor vehicle without obtaining a commercial driver's license;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(7) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession, provided that any person who provides proof of possession of a commercial driver's license to the enforcement agency that issued the citation, by the court appearance or fine payment deadline shall not be guilty of this offense;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(8) Driving a commercial motor vehicle without the proper class of commercial driver's license or the proper endorsements for the specific vehicle group being operated, or for the passengers or type of cargo being transported;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of sixty days.
(B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a commercial driver's license holder shall be is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(d) Any person convicted of operating a commercial motor vehicle in violation of any federal, state or local law or ordinance pertaining to any of the railroad crossing violations described in subdivisions one through six of this subsection shall be is disqualified from operating a commercial motor vehicle for the period of time specified;
(1) Failing to slow down and check that the tracks are clear of an approaching train, if not required to stop in accordance with the provisions of section three, article twelve, chapter seventeen-c of this code;
(A) For the first conviction, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in this subsection within a three- year period, a driver shall be is disqualified from operating a commercial motor vehicle for one hundred twenty days; and
(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(2) Failing to stop before reaching the crossing, if the tracks are not clear, if not required to stop, in accordance with the provisions of section one, article twelve, chapter seventeen-c of this code;
(A) For the first conviction, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in this subsection within a three- year period, a driver shall be is disqualified from operating a commercial motor vehicle for one hundred twenty days; and
(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(3) Failing to stop before driving onto the crossing, if required to stop in accordance with the provisions of section three, article twelve, chapter seventeen-c of this code;
(A) For the first conviction, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in this subsection within a three- year period , the driver shall be is disqualified from operating a commercial motor vehicle for one hundred twenty days; and
(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(4) Failing to have sufficient space to drive completely through the crossing without stopping in accordance with the provisions of section three, article twelve, chapter seventeen-c of this code;
(A) For the first conviction, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in this subsection within a three- year period, a driver shall be is disqualified from operating a commercial motor vehicle for one hundred twenty days; and
(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(5) Failing to obey a traffic control device or the directions of an enforcement official at the crossing in accordance with the provisions of section one, article twelve, chapter seventeen-c of this code; or
(A) For the first conviction, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in this subsection within a three- year period, a driver shall be is disqualified from operating a commercial motor vehicle for one hundred twenty days; and
(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(6) Failing to negotiate a crossing because of insufficient undercarriage clearance in accordance with the provisions of section three, article twelve, chapter seventeen-c of this code.
(A) For the first conviction, a driver shall be is disqualified from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in this subsection within a three- year period, a driver shall be is disqualified from operating a commercial motor vehicle for one hundred twenty days; and
(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver shall be is disqualified from operating a commercial motor vehicle for one year.
(e) Any person who is convicted of violating an out-of-service order while operating a commercial motor vehicle shall be is disqualified for the following periods of time if:
(1) Convicted of violating a driver or vehicle out-of-service order while transporting nonhazardous materials;
(A) For the first conviction of violating an out-of-service order while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for ninety one hundred eighty days.
(B) For a second conviction in a separate incident within a ten-year period for violating an out of service order while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for one year two years.
(C) For a third or subsequent conviction in a separate incident within a ten-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for three years.
(2) Convicted of violating a driver or vehicle out-of-service order while transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F (2004), or while operating a vehicle designed to transport sixteen or more passengers including the driver;
(A) For the first conviction of violating an out of service order while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for one hundred eighty days.
(B) For a second conviction in a separate incident within a ten-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for three years.
(C) For a third or subsequent conviction in a separate incident within a ten-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver shall be is disqualified from operating a commercial motor vehicle for three years.
(f) After disqualifying, suspending, revoking or canceling a commercial driver's license, the division shall update its records to reflect that action within ten days.
(g) In accordance with the provisions of 49 U.S.C. §313119(a)(19)(2004), and 49 C.F.R §384.226 (2004), and notwithstanding the provisions of section twenty-five, article eleven, chapter sixty-one of this code, no record of conviction, revocation, suspension or disqualification related to any type of motor vehicle traffic control offense, other than a parking violation, of a commercial driver's license holder or a person operating a commercial motor vehicle may be masked, expunged, deferred, or be subject to any diversion program.
(h) Notwithstanding any provision in this code to the contrary, the division shall may not issue any temporary driving permit, work-only driving permit or hardship license or permit that authorizes a person to operate a commercial motor vehicle when his or her privilege to operate any motor vehicle has been revoked, suspended, disqualified or otherwise canceled for any reason.
(i) In accordance with the provisions of 49 C.F.R. §391.15(b), a driver is disqualified from operating a commercial motor vehicle for the duration of any suspension, revocation or cancellation of his or her driver's license or privilege to operate a motor vehicle by this state or by any other state or jurisdiction until the driver complies with the terms and conditions for reinstatement set by this state or by another state or jurisdiction.
(j) In accordance with the provisions of 49 C.F.R. 353.52 (2006), the division shall immediately disqualify a driver's privilege to operate a commercial motor vehicle upon a notice from the Assistant Administrator of the Federal Motor Carrier Safety Administration that the driver poses an imminent hazard. Any disqualification period imposed under the provisions of this subsection shall be served concurrently with any other period of disqualification if applicable.
(k) In accordance with the provisions of 49 C.F.R. 1572.11(a), the division shall immediately disqualify a driver's privilege to operate a commercial motor vehicle if the driver fails to surrender his or her driver's license with a hazardous material endorsement to the division upon proper notice by the division to the driver that the division received notice from the Department of Homeland Security Transportation Security Administration of an initial determination of threat assessment and immediate revocation that the driver does not meet the standards for security threat assessment provided in 49 C.F.R. 1572.5. The disqualification remains in effect until the driver either surrenders the driver's license to the division or provides the division with an affidavit attesting to the fact that the driver has lost or is otherwise unable to surrender the license.
§17E-1-25. Penalties.
(a) It is a misdemeanor for any person to violate any of the provisions of this chapter unless such the violation is by this chapter or other law of this state, declared to be a felony.
(b) Unless another penalty is provided in this chapter or by the laws of this state, every person convicted of a misdemeanor for the violation of any provisions of this chapter shall be fined not less than $100 nor more than $1,000, or imprisoned confined for not more than six months in the county jail, or both fined and imprisoned confined, except that for the second violation of section seven of this article and, upon conviction thereof, the offender shall be fined not less than $500 nor more than $2,000 or imprisoned confined for not less than six months nor more than nine months in the county jail, or both fined and imprisoned confined. For the third or any subsequent conviction for violation of section seven of this article, upon conviction thereof, the offender shall be fined not less than one $1,000 nor more than $2,500, or imprisoned confined for not less than nine months nor more than one year in the county jail, or both fined and imprisoned confined.
(d)(c) The division shall impose a civil penalty, in addition to any penalty required under the provisions of this section on any driver who is convicted of violating subsection (e), section thirteen of this article. The penalty shall be one thousand one hundred dollars $2,500 for the first offense and $5,000 for each subsequent offense."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 398, Prohibiting landfill disposal of certain electronic devices; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk, on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"That §22-15A-2 and §22-15A-22 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN.

§22-15A-2. Definitions.
Unless the context clearly indicates a different meaning or defined elsewhere in this chapter, as used in this article:
(1) 'Beneficial use' means the use or reuse of whole waste tires or tire derived material which are reused in constructing retaining walls, rebuilding highway shoulders and subbase, building highway crash attenuation barriers and other civil engineering applications, feed hopper or watering troughs for livestock, other agricultural uses approved by the Department of Environmental Protection, playground equipment, boat or truck dock construction, house or building construction, go-cart, motorbike or race track barriers, recapping, alternative daily cover or similar types of beneficial applications: Provided, That waste tires may not be reused as fencing, as erosion control structures, along stream banks or river banks or reused in any manner where human health or the environment, as determined by the Secretary of the Department of Environmental Protection, is put at risk.
(2) 'Brand' means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product.
(3) 'Collected for commercial purposes' means taking solid waste for disposal from any person for remuneration regardless of whether or not the person taking the solid waste is a common carrier by motor vehicle governed by article two, chapter twenty-four-a of this code.
(4) 'Computer' means a desktop, personal computer or laptop computer, including the computer monitor. Computer does not include a personal digital assistant device, computer peripheral devices such as a mouse or other similar pointing device, a printer or a detachable keyboard.
(5) 'Court' means any circuit, magistrate or municipal court.
(6) 'Covered electronic device' means a television, computer or video display device with a screen that is greater than four inches measured diagonally. 'Covered electronic device' does not include a video display device that is part of a motor vehicle or that is contained within a household appliance or commercial, industrial or medical equipment.
(7) 'Department' means the Department of Environmental Protection.
(8) 'Litter' means all waste material, including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, covered electronic devices, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing.
(9) 'Litter receptacle' means those containers suitable for the depositing of litter at each respective public area designated by the secretary's rules promulgated pursuant to subsection (e), section three of this article.
(10) 'Manufacturer' means a person that is the brand owner of a covered electronic device or television sold or offered for sale in this state by any means, including transactions conducted through retail sales outlets, catalogs or the Internet.
(11) 'Person' means a natural person, corporation, firm, partnership, association or society and the plural as well as the singular.
(12) 'Public area' means an area outside of a municipality, including public road and highway rights-of-way, parks and recreation areas owned or controlled by this state or any county of this state or an area held open for unrestricted access by the general public.
(13) 'Recyclable materials' means those materials that would otherwise become solid waste for disposal in a refuse disposal system and which may be collected, separated or processed and returned to the marketplace in the form of raw materials or products.
(14) 'Remediate or remediation' means to remove all litter, solid waste and tires located above grade at a site: Provided, That remediation does not include clean up of hazardous waste.
(15) 'Television' means any telecommunication system device that can receive moving pictures and sound broadcast over a distance and includes a television tuner or a video display device peripheral to a computer in which the display contains a television tuner.
(16) 'Secretary' means the Secretary of the Department of Environmental Protection.
(17) 'Video display device' means an electronic device with an output surface that displays or is capable of displaying moving graphical images or visual representations of image sequences or pictures that show a number of quickly changing images on a screen to create the illusion of motion. Video display device includes a device that is an integral part of the display and cannot easily be removed from the display by the consumer and that produces the moving image on the screen. A 'video display device' may use a cathode-ray tube (CRT), liquid crystal display (LCD), gas plasma, digital light processing, other image-projection technology or imaging display technologies.
(18) 'Waste tire' means any continuous solid or pneumatic rubber covering designed to encircle the wheel of a vehicle but which has been discarded, abandoned or is no longer suitable for its original, intended purpose nor suitable for recapping, or other beneficial use because of wear, damage or defect. A tire is no longer considered to be suitable for its original intended purpose when it fails to meet the minimum requirements to pass a West Virginia motor vehicle safety inspection. Used tires located at a commercial recapping facility or tire dealer for the purpose of being reused or recapped are not waste tires.
(19) 'Waste tire monofill or monofill' means an approved solid waste facility where no solid waste except waste tires are placed for the purpose of long term storage for eventual retrieval for marketing purposes.
(20) 'Waste tire processing facility' means a solid waste facility or manufacturer that accepts waste tires generated by sources other than the owner or operator of the facility for processing by such means as cryogenics, pyrolysis, pyroprossing cutting, splitting, shredding, quartering, grinding or otherwise breaking down waste tires for the purposes of disposal, reuse, recycling and/or marketing.
(21) 'Waters of the state' means generally, without limitation, natural or artificial lakes, rivers, streams, creeks, branches, brooks, ponds, impounding reservoirs, springs, wells, watercourses and wetlands.
(22) 'Yard waste' means grass clippings, weeds, leaves, brush, garden waste, shrub or tree prunings and other living or dead plant tissues, except that such materials, which due to inadvertent contamination or mixture with other substances which render the waste unsuitable for composting, are not yard waste: Provided, That the same or similar waste generated by commercial agricultural enterprises is excluded.
§22-15A-22. Prohibition on the disposal of certain items; plans for the proper handling of said items required.

(a) Effective June 1, one thousand nine hundred ninety-four, it shall be It is unlawful to dispose of lead-acid batteries in a solid waste landfill in West Virginia. Effective June 1, one thousand nine hundred ninety-six, it shall be
(b) It is
unlawful to dispose of tires in a solid waste landfill in West Virginia except for waste tires collected as part of the department's waste tire remediation projects or other collection efforts in accordance with the provisions of this article or the pollution prevention program and open dump program or other state-authorized remediation or clean up programs: Provided, That waste tires may be disposed of in solid waste landfills only when the state agency authorizing the remediation or clean up program has determined there is no reasonable alternative available.
(b) (c) Effective January 1, one thousand nine hundred ninety-seven, it shall be It is unlawful to dispose of yard waste including grass clippings and leaves, in a solid waste facility in West Virginia: Provided, That such the prohibitions do not apply to a facility designed specifically to compost such yard waste or otherwise recycle or reuse such items yard waste: Provided, however, That reasonable and necessary exceptions to such the prohibitions may be included as part of the rules promulgated pursuant to subsection (d) (f). of this section.
(d) Effective January 1, 2012, covered electronic devices, as defined in section two of this article, may not be disposed of in a solid waste landfill in West Virginia.
(c) (e) No later than May 1, one thousand nine hundred ninety-five, The Solid Waste Management Board shall design a comprehensive program to provide for the proper handling of yard waste, and lead-acid batteries, tires and covered electronic devices. No later than May 1, one thousand nine hundred ninety-four, A comprehensive plan shall be designed in the same manner to provide for the proper handling of tires.
(d) (f) No later than August 1, one thousand nine hundred ninety-five, The department secretary shall promulgate rules, in accordance with chapter twenty-nine-a of this code, as amended, to implement and enforce the program for yard waste, and lead-acid batteries, tires and covered electronic devices designed pursuant to subsection (c) (d). of this section. No later than August 1, two thousand, The department shall promulgate rules, in accordance with chapter twenty-nine-a of said code, as amended, to implement and enforce the program for tires designed pursuant to subsection (c) of this section.
(e) For the purposes of this section, 'yard waste' means grass clippings, weeds, leaves, brush, garden waste, shrub or tree prunings and other living or dead plant tissues, except that such materials, which due to inadvertent contamination or mixture with other substances which render the waste unsuitable for composting, shall not be considered to be yard waste: Provided, That the same or similar waste generated by commercial agricultural enterprises is excluded.
(f) (g) In promulgating the rules required by subsections (c) and (d) of this section, yard waste, as described in subsection (e) of this section, The department secretary's rule shall provide for the disposal of yard waste in a manner consistent with one or any combination of the following:
(1) Disposal in a publicly or privately operated commercial or noncommercial composting facility;
(2) Disposal by composting on the property from which domestic yard waste is generated or on adjoining property or neighborhood property if consent is obtained from the owner of the adjoining or neighborhood property;
(3) Disposal by open burning, where such activity is not prohibited; by this code, rules promulgated hereunder or municipal or county codes or ordinances; or
(4) Disposal in a publicly or privately operated landfill, only where none of the foregoing options are available. Such The manner of disposal will shall only involve only small quantities of domestic yard waste generated only from the property of the participating resident or tenant."
On motion of Delegate Miley, the Judiciary Committee amendment was amended on page seven, section twenty-two, line ten, by striking out the number "2012 " and inserting in lieu thereof the number "2011".
The Judiciary Committee amendment, as amended, was then adopted.
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 401, Relating to ad valorem property taxes; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the consideration of the amendment on that reading.
Com. Sub. for S. B. 457, Repealing certain outdated code sections and eliminating penalties for displaying certain flags; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section seven, line four, by striking out the words "one hundred" and inserting in lieu thereof "$100".
And,
On page three, section seven, line six, by striking out the word "imprisoned"and inserting in lieu thereof the word "confined".
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 462, Limiting State Police applicants' age; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 471, Increasing circuit clerks' copying charge; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section eleven, line thirty-four, by striking out "$1" and inserting in lieu thereof "seventy-five cents".
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 480, Relating to public higher education personnel; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for S. B. 480) was advanced to third reading with an amendment pending.
Unanimous consent having been obtained, Com. Sub. for S. B. 480 was advanced to third reading with the amendment pending, and the rule was suspended to permit consideration of an amendment on that reading by Delegate M. Poling.
Com. Sub. for S. B. 490, Relating to domestic violence; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
PART 2. DEFINITIONS.

§48-27-202. Domestic violence defined.
'Domestic violence' or 'abuse' means the occurrence of one or more of the following acts between family or household members, as that term is defined in section two hundred four of this article:
(1) Attempting to cause or intentionally, knowingly or recklessly causing physical harm to another with or without dangerous or deadly weapons;
(2) Placing another in reasonable apprehension of physical harm;
(3) Creating fear of physical harm by harassment, stalking, psychological abuse or threatening acts;
(4) Committing either sexual assault or sexual abuse as those terms are defined in articles eight-b and eight-d, chapter sixty-one of this code; and
(5) Holding, confining, detaining or abducting another person against that person's will.
§48-27-503. Permissive provisions in protective order.
The terms of a protective order may include:
(1) Granting possession to the petitioner of the residence or household jointly resided in at the time the abuse occurred;
(2) Ordering the respondent to refrain from entering or being present in the immediate environs of the residence of the petitioner;
(3) Awarding temporary custody of or establishing temporary visitation rights with regard to minor children named in the order;
(4) Establishing terms of temporary visitation with regard to the minor children named in the order including, but not limited to, requiring third party supervision of visitations if necessary to protect the petitioner and/or the minor children;
(5) Ordering the noncustodial parent to pay to the caretaker parent a sum for temporary support and maintenance of the petitioner and children, if any;
(6) Ordering the respondent to pay to the petitioner a sum for temporary support and maintenance of the petitioner, where appropriate;
(7) Ordering the respondent to refrain from entering the school, business or place of employment of the petitioner or household or family members for the purpose of violating the protective order;
(8) Ordering the respondent to participate in an intervention program for perpetrators;
(9) Ordering the respondent to refrain from contacting, telephoning, communicating, harassing or verbally abusing the petitioner;
(10) Providing for either party to obtain personal property or other items from a location, including granting temporary possession of motor vehicles owned by either or both of the parties, and providing for the safety of the parties while this occurs, including ordering a law-enforcement officer to accompany one or both of the parties;
(11) Ordering the respondent to reimburse the petitioner or other person for any expenses incurred as a result of the domestic violence, including, but not limited to, medical expenses, transportation and shelter; and
(12) Ordering the petitioner and respondent to refrain from transferring, conveying, alienating, encumbering or otherwise dealing with property which could otherwise be subject to the jurisdiction of the court or another court in an action for divorce or support, partition or in any other action affecting their interests in property;
(13) Awarding the petitioner the exclusive care, possession, or control of any animal owned, possessed, leased, kept or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animal; and
(14) Ordering any other relief the court deems necessary to protect the physical safety of petitioner or those persons for whom a petition may be filed as provided in subdivision (2), section three hundred five of this article.
§48-27-505. Time period a protective order is in effect; extension of order; notice of order or extension.

(a) Except as otherwise provided in subsection (d), section four hundred one of this article, a protective order, entered by the family court pursuant to this article, is effective for either ninety days or one hundred eighty days, in the discretion of the court. If the court enters an order for a period of ninety days, upon Upon receipt of a written request for renewal from the petitioner prior to the expiration of the ninety-day period original order, the family court shall extend its order for an additional ninety-day period.
(b) Notwithstanding the provisions of subsection (a), the court may enter a protective order for a period of one year if the court finds by a preponderance of the evidence, after a hearing that any of the following aggravating factors are present:
(1) That there has been a material violation of a previously entered protective order;
(2) That two or more protective orders have been entered against the respondent within the previous five years;
(3) That respondent has one or more prior convictions for domestic battery or assault or a felony crime of violence where the victim was a family or household member;
(4) That the respondent has committed a violation of the provisions of section nine-a, article two, chapter sixty-one of this code against a person protected by an existing order of protection; or
(5) That the totality of the circumstances presented to the court require a one year period in order to protect the physical safety of the petitioner or those persons for whom a petition may be filed as provided in subdivision (2), section three hundred five of this article.

(c) The court may extend a protective order entered pursuant to subsection (b) of this section for whatever period the court considers necessary to protect the physical safety of the petitioner or those persons for whom a petition may be filed as provided in subdivision (2), section three hundred five of this article, if the court finds by a preponderance of evidence, after a hearing of which respondent has been given notice, that:
(1) A material violation of the existing protective order has occurred; or
(2) Respondent has committed a material violation of a provision of a final order entered pursuant to subsection (c), section six hundred eight, article five of this chapter has occurred.
(b) (d) To be effective, a written request to extend renew an order from ninety days to one hundred eighty days a ninety or one hundred eighty-day order must be submitted to the court prior to the expiration of the original ninety-day order period. A notice of the extension shall be sent by the clerk of the court to the respondent by first-class mail, addressed to the last known address of the respondent as indicated by the court file. The extension of time is effective upon mailing of the notice.
(c) (e) Certified copies of any order entered or extension notice made under the provisions of this section shall be served upon the respondent by first class mail, addressed to the last known address of the respondent as indicated by the court file, and delivered to the petitioner and any law- enforcement agency having jurisdiction to enforce the order, including the city police, the county sheriff's office or local office of the West Virginia State Police within twenty-four hours of the entry of the order. The protective order shall be in full force and effect in every county of this state.
(d) (f) The family court may modify the terms of a protective order upon motion of either party.
(e) (g) The clerk of the circuit court shall cause a copy of any protective order entered by the family court pursuant to the provisions of this article or pursuant to the provisions of chapter forty- eight of this code to be forwarded to the magistrate or magistrate court clerk and the magistrate or magistrate court clerk shall forward a copy of the protective order to the appropriate state and federal agencies for registration of domestic violence offenders as required by state and federal law.
PART 9. SANCTIONS.

§48-27-901. Civil contempt; violation of protective orders; order to show cause.
(a) Any party to a protective order or a legal guardian or guardian ad litem may file a petition for civil contempt alleging a violation of an order issued pursuant to the provisions of this article. The petition shall be filed in the family court, if a family court entered an order or in the circuit court, if a circuit court entered the order, in the county in which the violation occurred or the county in which the order was issued.
(b) When a petition for an order to show cause is filed, a hearing on the petition shall be held within five days from the filing of the petition. Any order to show cause which is issued shall be served upon the alleged violator.
(c) Upon a finding of contempt, the court may order the violator to comply with specific provisions of the protective order and post a bond as surety for faithful compliance with such the order. The bond may not be a personal recognizance bond and shall be in an amount that does not exceed the ability of the violator to post. The bond may not be waived by a fee waiver pursuant to the provisions of section one, article two, chapter fifty-nine of this code.
§48-27-903. Misdemeanor offenses for violation of protective order, repeat offenses, penalties.
(a) Any person who knowingly and willfully violates:
(1) A provision of an emergency or final protective order entered pursuant to:
(A) Subsection (a) or (b) of section five hundred two of this article;
(B) If the court has ordered such relief; subsection (2), (7), or (9), or (14) of section five hundred three of this article;
(C) Subsection (b) or (c) of section five hundred nine, article five of this chapter; or (D) subsection (b) or (c) of section six hundred eight, article five of this chapter; or
(2) A condition of bail, probation or parole which has the express intent or effect of protecting the personal safety of a particular person or persons; is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for a period of not less than one day nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and, shall be fined not less than $250 nor more than $2,000.
(b) Any person who is convicted of a second or subsequent offense under subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than three months nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours thirty days, and fined not less than $500 nor more than $3,000, or both.
(c) A respondent who is convicted of a third or subsequent offense under subsection (a) which the violation occurs within ten years of a prior conviction of this offense is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail not less than six months nor more than one year, which jail term shall include actual confinement of not less than six months, and fined not less than $500 nor more than $4,000."
There being no further amendments, the bill was ordered to third reading.
S. B. 498, Updating language relating to adult social services; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, section one, line sixty-five, by striking out subdivision (13) in its entirety, and inserting in lieu thereof the following language:
"(13)'Caregiver' means a person or entity who cares for or shares in the responsibility for the care of an incapacitated adult on a full-time or temporary basis, regardless of whether such person or entity has been designated as a guardian or custodian of the incapacitated adult by any contract, agreement or legal procedures. Caregiver includes health care providers, family members, and any person who otherwise voluntarily accepts a supervisory role towards an incapacitated adult."
There being no further amendments, the bill was ordered to third reading.
S. B. 499, Changing names of certain community and technical colleges; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page three, line eighteen, following the period, by adding the following section:
"§18B-3C-8. Legislative findings and intent; statewide network of independently accredited community and technical colleges; operations and administration.

(a) Legislative findings. --
(1) The Legislature has enacted legislation, beginning with Enrolled Senate Bill No. 653, passed during the two thousand regular session, and continuing with Enrolled Senate Bill No. 703, passed during the two thousand one regular session, Enrolled House Bill No. 2224, passed during the two thousand three regular session, and Enrolled Senate Bill No. 448, passed during the two thousand four regular session, the purpose of which is to strengthen the state's community and technical colleges, clarify their core mission and establish essential conditions to be met, and ensure the most effective delivery of services to business, industry, and West Virginia citizens in every region of the state.
(2) The primary goal of the Legislature is to create a statewide network of independently accredited community and technical colleges that focuses on technical education, work force training, and lifelong learning for the Twenty-first Century, consistent with the goals, objectives, priorities and essential conditions established in articles one, one-d and three-c of this chapter.
(3) A necessary precedent to accomplishing the legislative goal is to change the way that leaders at all levels of education, including institutional governing boards, view community and technical colleges. Specifically, that the mission of community and technical colleges is different from that of traditional four-year colleges in what they seek to accomplish and how they can achieve it effectively and that the state can not compete successfully in today's information-driven, technology-based economy if community and technical colleges continue to be viewed as add-ons or afterthoughts attached to the baccalaureate institutions.
(b) Legislative intent. --
(1) Therefore, it is the intent of the Legislature that the statewide network of independently- accredited community and technical colleges as a whole and each independent community and technical college individually provide the following types of services as part of the core institutional mission:
(A) Career and technical education certificate, associate of applied science, and selected associate of science degree programs for students seeking immediate employment, individual entrepreneurship skills, occupational development, skill enhancement and career mobility;
(B) Transfer education associate of arts and associate of science degree programs for students whose educational goal is to transfer into a baccalaureate degree program with particular emphasis on reaching beyond traditional college-age students to unserved or underserved adult populations;
(C) Developmental/remedial education courses, tutorials, skills development labs, and other services for students who need to improve their skills in mathematics, English, reading, study skills, computers and other basic skill areas;
(D) Work force development education contracted with business and industry to train or retrain employees;
(E) Continuing development assistance and education credit and noncredit courses for professional and self-development, certification and licensure, and literacy training; and
(F) Community service workshops, lectures, seminars, clinics, concerts, theatrical performances and other noncredit activities to meet the cultural, civic and personal interests and needs of the community the institution serves.
(2) It is further the intent of the Legislature that each community and technical college focus special attention on programmatic delivery of their core mission services to unserved and underserved populations to achieve established state objectives. These include the following as highest priorities:
(A) Increasing the number of adults age twenty-five and above who participate in post- secondary education;
(B) Developing technical programs that meet the documented occupational needs of West Virginia's employers;
(C) Providing work force development programs by implementing the Adult Career Pathways Model, which provides opportunities for the following:
(i) Adults to earn certifications through the completion of skill-sets;
(ii) Ordered progression from skill-sets and certifications to one-year certificate programs and progression from one-year certificate degrees to Associate of Applied Science Degree programs, and
(iii) Students to exit at any stage of completion in order to enter employment with the option of continuing the pathway progression at a later time and/or on a part-time basis.
(D) Offering programs in various time frames other than the traditional semester delivery model and at different locations, including work sites, convenient to working adults;
(E) Providing technical programs in modules or 'chunks', defined in competencies required for employment, and tied to certification and licensing requirements.
(F) Entering into collaborative programs that recognize high-quality training programs provided through labor unions, registered apprenticeships, and industry-sponsored training programs with the goal of enabling more adults to earn a college credential;
(G) Developing innovative approaches to improve the basic and functional literacy rates of West Virginians in all regions of the state;
(H) Developing 'bridge programs' for disadvantaged youth and adults to enable them to acquire the skills necessary to be successful in education and training programs that lead to high-skills, high-wage jobs; and
(I) Providing access to post-secondary education through the delivery of developmental education for those individuals academically under-prepared for college-level work.
(c) In fulfillment of the purposes and intent defined in subsections (a) and (b) of this section, there is continued a statewide network of independently accredited community and technical colleges serving every region of the state. Each free-standing and independent community and technical college is strongly encouraged to serve as a higher education center for its region by brokering with other colleges, universities and providers, in-state and out-of-state, both public and private, to afford the most coordinated access to needed programs and services by students, employers and other clients, to achieve the goals, objectives, and essential conditions established in articles one, one-d, and three-c of this chapter, and to ensure the most efficient use of scarce resources.
(d) Statewide network of independently accredited community and technical colleges. --
(1) By the first day of July, two thousand nine July 1, 2009, each governing board of a community and technical college which became independent on the first day of July, two thousand eight July 1, 2008, shall make a determination by majority vote of the board whether to keep the current name for its respective institution or to select a new name. If a governing board chooses to select a new name, any reference in this code to that institution by a name in use prior to the first day of July, two thousand nine July 1, 2009, means the institution under the name designated by its board of governors.
(2) The statewide network of independently accredited community and technical colleges is comprised of the following independent state institutions of higher education under the jurisdiction of the council:
(A) Blue Ridge Community and Technical College. --
Blue Ridge Community and Technical College is an independently accredited state institution of higher education. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(B) The Bridgemont Community and Technical College at West Virginia University Institute of Technology. --
(i) The Bridgemont Community and Technical College at West Virginia University Institute of Technology is an independently accredited state institution of higher education which may maintain an association with West Virginia University Institute of Technology, a division of West Virginia University, or directly with West Virginia University, subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(ii) West Virginia University Institute of Technology may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and West Virginia University Institute of Technology or directly with West Virginia University, as appropriate. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and West Virginia University Institute of Technology or West Virginia University related to program delivery under the terms of this section in effect on the first day of July, two thousand eight July 1, 2008, shall continue in effect until the first day of July, two thousand nine July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between West Virginia University Institute of Technology and The Bridgemont Community and Technical College at West Virginia University Institute of Technology relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution.
(C) Eastern West Virginia Community and Technical College. --
Eastern West Virginia Community and Technical College is a free-standing state institution of higher education seeking independent accreditation. The president and the governing board of Eastern Community and Technical College are responsible for achieving independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(D) Marshall Mountwest Community and Technical College. --
(i) Marshall Mountwest Community and Technical College is an independently accredited state institution of higher education which may maintain an association with Marshall University subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(ii) Marshall University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with Marshall Mountwest Community and Technical College. The terms of the contract shall be negotiated between the governing boards of the community and technical college and Marshall University. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and Marshall University related to program delivery under the terms of this section in effect on the first day of July, two thousand eight July 1, 2008, shall continue in effect until the first day of July, two thousand nine July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by Marshall Mountwest Community and Technical College.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between Marshall University and Marshall Mountwest Community and Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution.
(E) New River Community and Technical College. --
(i) New River Community and Technical College is an independently accredited state institution of higher education which may maintain an association with Bluefield State College subject to the provisions of section twelve of this article. The community and technical college is headquartered in or near Beckley and incorporates the campuses of Greenbrier Community College Center of New River Community and Technical College and Nicholas Community College Center of New River Community and Technical College.
(ii) The president and the governing board of New River Community and Technical College are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(iii) Bluefield State College may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided through direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and Bluefield State College. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and Bluefield State College related to program delivery under the terms of this section in effect on the first day of July, two thousand eight July 1, 2008, shall continue in effect until the first day of July, two thousand nine July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by New River Community and Technical College.
(iv) Bluefield State College may continue the associate of science degree in nursing which is an existing nationally accredited associate degree program in an area of particular institutional strength and which is closely articulated to the baccalaureate program and mission. The program is of a high-cost nature and can best be provided through direct administration by a baccalaureate institution. This program may not be transferred to New River Community and Technical College or any other community and technical college as long as the program maintains national accreditation and is seamlessly coordinated into the baccalaureate program at the institution.
(v) New River Community and Technical College participates in the planning and development of a unified effort involving multiple providers to meet the documented education and work force development needs in the region. Nothing in this subdivision prohibits or limits any existing, or the continuation of any existing, affiliation between Mountain State University, West Virginia University Institute of Technology and West Virginia University. The objective is to assure students and employers in the area that there is coordination and efficient use of resources among the separate programs and facilities, existing and planned, in the Beckley area.
(F) Pierpont Community and Technical College. --
(i) Pierpont Community and Technical College is an independent state institution of higher education seeking independent accreditation. The president and the governing board of Pierpont Community and Technical College, assisted by the president and governing board of Fairmont State University, are responsible for the community and technical college achieving independent accreditation and adhering to the essential conditions pursuant to sections three and thirteen of this article.
(ii) Fairmont State University may continue associate degree programs in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of Fairmont State University. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and Fairmont State University related to program delivery under the terms of this section in effect on the first day of July, two thousand eight July 1, 2008, shall continue in effect until the first day of July, two thousand nine July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between Fairmont State University and Pierpont Community and Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution.
(G) Southern West Virginia Community and Technical College. -- Southern West Virginia Community and Technical College is an independently-accredited, free-standing state institution of higher education. The president and the governing board of Southern West Virginia Community and Technical College are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(H) West Virginia Northern Community and Technical College. -- West Virginia Northern Community and Technical College is an independently-accredited, free-standing state institution of higher education. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(I) West Virginia State Kanawha Valley Community and Technical College. --
(i) West Virginia Kanawha Valley State Community and Technical College is an independently accredited state institution of higher education which may maintain an association with West Virginia State University subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(ii) West Virginia State University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and West Virginia State University. The final contract may not be implemented until approved by the council except that any contract between the community and technical college and West Virginia State University related to program delivery under the terms of this section in effect on the first day of July, two thousand eight July 1, 2008, shall continue in effect until the first day of July, two thousand nine July 1, 2009, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between West Virginia State University and West Virginia State Kanawha Valley Community and Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution.
(J) West Virginia University at Parkersburg. --
(i) West Virginia University at Parkersburg is an independently accredited state institution of higher education which may maintain an association with West Virginia University subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(ii) Any contract between the community and technical college and West Virginia University related to program delivery under the authority of the council or related to delivery of baccalaureate programs, in effect on the first day of July, two thousand eight July 1, 2008, shall continue in effect unless amended or revoked by mutual agreement of the contract parties with approval by the council.
(iii) In recognition of the unique and essential part West Virginia University at Parkersburg plays in providing education services in its region, the community and technical college may continue delivering baccalaureate degree programs offered at the institution on the effective date of this section, may implement additional baccalaureate programs with the approval of the commission and is strongly encouraged:
(I) To continue and expand its role as a higher education center pursuant to subsection (c) of this section; and
(II) To broker from West Virginia University and other higher education institutions, as appropriate, additional baccalaureate level degree programs the community and technical college determines are needed in its service region.
(III) Any baccalaureate degree programs offered at the community and technical college shall be delivered under the authority of the commission. The program shall be evaluated according to the benchmarks and indicators for baccalaureate education developed by the commission."
And,
By amending the enacting section to read as follows:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-3C-7a; and that §18B-3C-8 of said code be amended and reenacted, all to read as follows" followed by a colon.
There being no further amendments, the bill was ordered to third reading.
S. B. 511, Relating to tagging and checking beaver pelts; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 512, Increasing game trap markings; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 519, Extending Social Security benefits to Municipal Police Officers and Firefighters Retirement System members; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 526, Finding and declaring certain claims against state; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page ten, section one, line one hundred eighty-five, following the words "Robert L. Wright", by striking out "$231" and inserting in lieu thereof "$231.50".
There being no further amendments, the bill was ordered to third reading.
S. B. 533, Revising statutory language regarding child abuse; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 8D. CHILD ABUSE.
§61-8D-5. Sexual abuse by a parent, guardian, custodian or person in a position of trust to a child; parent, guardian, custodian or person in a position of trust allowing sexual abuse to be inflicted upon a child; displaying of sex organs by a parent, guardian, or custodian; penalties.

(a) In addition to any other offenses set forth in this code, the Legislature hereby declares a separate and distinct offense under this subsection, as follows: If any parent, guardian or custodian of or other person in a position of trust in relation to a child under his or her care, custody or control, shall engage in or attempt to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with, a child under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in such conduct, or the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary a correctional facility not less than ten nor more than twenty years, or fined not less than $500 nor more than $5,000 and imprisoned in the penitentiary a correctional facility not less than ten years nor more than twenty years.
(b) If any Any parent, guardian, custodian or other person in a position of trust in relation to the child shall who knowingly procure procures, authorizes, or induces another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is less than sixteen years of age, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary a correctional facility not less than five years nor more than fifteen years, or fined not less than $1,000 nor more than $10,000 and imprisoned in the penitentiary a correctional facility not less than five years nor more than fifteen years.
(c) If any Any parent, guardian, custodian or other person in a position of trust in relation to the child shall who knowingly procure procures, authorizes, or induces another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is sixteen years of age or older, notwithstanding the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary a correctional facility not less than one year nor more than five years.
(d) The provisions of this section shall not apply to a custodian or person in a position of trust whose age exceeds the age of the child by less than four years."
There being no further amendments, the bill was ordered to third reading.
S. B. 547, Correcting inconsistency in school board levies' code; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §11-8-12 and §11-8-12a of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 8. LEVIES.
§11-8-12. Levy estimate by board of education; certification and publication.

Each board of education shall, at the session provided for in section nine of this article, if the laying of a levy has been authorized by the voters of the district under article nine, chapter eighteen of the code, ascertain the condition of the fiscal affairs of the district, and make a statement setting forth:
(1) The amount due, and the amount that will become due and collectible during the current fiscal year except from the levy of taxes to be made for the year;
(2) The interest, sinking fund and amortization requirements for the fiscal year of bonded indebtedness legally incurred upon a vote of the people, as provided by law, by any school district existing prior to May 22, 1933, prior to before the adoption of the Tax Limitation Amendment;
(3) Other contractual indebtedness not bonded, legally incurred by any such school district existing prior to May 22, 1933, prior to before the adoption of the Tax Limitation Amendment, owing by such district;
(4) The amount to be levied for the permanent improvement fund;
(5) The total of all other expenditures to be paid out of the receipts for the current fiscal year, with proper allowance for delinquent taxes, exonerations and contingencies;
(6) The amount of such total to be raised by the levy of taxes for the current fiscal year;
(7) The proposed rate of levy in cents on each $100 assessed valuation of each class of property;
(8) The separate and aggregate amounts of the assessed valuation of real, personal and public utility property within each class.
The secretary of the board shall forward immediately a certified copy of the statement to the Tax Commissioner Auditor and shall publish the statement forthwith immediately. The session shall then stand adjourned until the third Tuesday in April, at which time it shall reconvene except where otherwise permitted by section nine of this article: Provided, That no provision of this section or section nine of this article may be construed to abrogate any requirement imposed on the board of education by article nine-b, chapter eighteen of this code.
§11-8-12a. Adjourned session of board of education to hear objections to proposed levies; approval of estimate and levy by Tax Commissioner; first levy for bonded and other indebtedness and indebtedness not bonded, second for Permanent Improvement Fund, then for current expenses.

Each board of education, when it reconvenes on the third Tuesday in April as provided by section twelve of this article, shall proceed in a manner similar in all respects to that provided for in section ten-a of this article. The board shall may not finally enter any levy until it has been approved in writing by the Tax Commissioner Auditor. After receiving the approval, the board shall enter the statement as approved in its record of proceedings, together with the written approval: Provided, That for the fiscal year 1993 only, each board of education may delay its final entry of the levy until no later than the first Thursday in May, by which time each board shall have entered the statement as approved in its record of proceedings, together with the written approval: Provided, however, That any delay by a county board of education in the entry of its final levy pursuant to the provisions of this section in the fiscal year 1993 and any action taken prior to the effective date of this section that is not inconsistent with the provisions of this section or other applicable levy rate sections of this code are hereby ratified and confirmed as having full force and effect.
The board shall levy as many cents per $100 assessed valuation on each class of property in the county or in the area of a preexisting school district, as the case may be, as will produce the amounts, according to the last assessment, shown to be necessary by the statement in the following order:
First, for the bonded debt and for the contractual debt not bonded, if any, of any school district of the county existing prior to before May 22, 1933, and incurred prior to before the adoption of the Tax Limitation Amendment;
Second, for the Permanent Improvement Fund;
Third, for general current expenses.
The rates of levy for each purpose shall may not exceed the amounts fixed by section six-c unless another rate is authorized by the Tax Commissioner or set by the Legislature in accordance with this article. When less than the maximum levies are imposed, the levies on each class of property shall be in the same proportions as the maximums authorized."
There being no further amendments, the bill was ordered to third reading.
S. B. 559, Authorizing citation issuance in lieu of court appearance in certain situations; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 19. PARTIES, PROCEDURE UPON ARREST AND REPORTS IN CRIMINAL CASES.

§17C-19-3. When person arrested must be taken immediately before a magistrate or court.

(a) Whenever any person is arrested for any violation of this chapter punishable as a misdemeanor, the arrested person shall be immediately taken before a magistrate or court within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made, in any of the following cases:
(1) When a person arrested demands an immediate appearance before a magistrate or court;
(2) When the person is arrested upon a charge of negligent homicide;
(3) When the person is arrested upon a charge of driving while under the influence of alcohol, or under the influence of any controlled substance, or under the influence of any other drug, or under the combined influence of alcohol and any controlled substance or any other drug;
(4) When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injury or damage to property;
(5) When the person is arrested upon a charge of violating section fourteen, article seventeen of this chapter relating to weight violations, except as otherwise provided in that section;
(6) When the person arrested is a resident of a state that has not entered into a nonresident violator compact with this state;
(7) When the person is arrested for driving with a suspended or revoked driver's license pursuant to:
(A) A third or subsequent violation of subsection (a), section three, article four, chapter seventeen-b of this code; or
(B) Subsection (b), section three, article four, chapter seventeen-b of this code; or
(8) In any other event when the person arrested refuses to accept the written notice to appear in court as his or her promise to appear in court or to comply with the terms of the written notice to appear in court as provided in section four of this article.
(b) When the person arrested is a resident of a state that has entered into a nonresident violator compact with this state, the arresting officer shall issue the person a written notice as provided for in section four of this article and may not take the person immediately before a magistrate or court, except under the terms of the compact or under the circumstances set forth in subsection (a) of this section."
There being no further amendments, the bill was ordered to third reading.
S. B. 574, Declaring December 7 special memorial day; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 575, Suspending driving, hunting and fishing licenses for failure to pay certain court costs; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page twelve, section three-a, subsection (b)(2), line twenty-one, following the word "after" by striking out the word "eighty" and inserting in lieu thereof the word "ninety",
On page twelve, section three-a, subsection (b)(2), line twenty-two, after the word "date" by striking out the words "of judgement upon the conviction" and inserting in lieu thereof the words "the citation was issued".
On page twenty-three, section two-a, subsection (c)(1), line thirty-six, after the word "state" by striking out the words "is convicted of" and inserting in lieu thereof the words "is charged with".
On page twenty-four, section two-a, subsection (c)(1), line thirty-nine, after the words "failure to" by inserting the words "appear, respond, or".
And,
On page twenty-four, section two-a, subsection (c)(1), line forty, by striking out the words "eighty days from the date of judgement and expiration of any stay of execution" and inserting in lieu thereof the words "ninety days from the date the citation was issued".
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 577, Clarifying definition of "raffle"; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page six, section two, lines ninety-six through one hundred two, by striking out the provisions of subsection (n) in its entirety, and inserting in lieu thereof the following language:
"(n) 'Raffle' means a game involving the selling or distribution of paper tickets, not enhanced or aided by the use of any electronic or mechanical raffle ticket dispenser, raffle ticket reader or other electronic or mechanical device of whatever design or function, entitling the holder or holders to participate in a raffle game for a chance on a prize or prizes. This subsection shall not be interpreted to prevent the use of:
(1) Hand cranked or motorized drum mixers which randomly mix tickets or other indicia together for the purpose of allowing the hand drawing of a ticket or winning indicia.
(2) A cash register for handling proceeds of sales and other ordinary cash handling and record keeping functions of a raffle licensee.
(3) Accounting and recordkeeping software for the purpose of maintaining accounting and reporting records of the licensee, and the computer for running those applications, not used in the play of any game.
"
On page seven, section twenty, line fifteen, following the words "design or function", by inserting a comma and the following words "other than those machines and apparatus allowed under subsection (n) of section two of this article" and a comma.
And,
On page seven, section twenty, line twenty-three, following the words 'design or function', by inserting a comma and the following language:
"other than those machines and apparatus allowed under subsection (n) of section two of this article, "
There being no further amendments, the bill was ordered to third reading.
S. B. 583, Updating references to Information Services and Communications Division; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §5A-6-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §12-3-10e be amended and reenacted, all to read as follows:
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-4. Powers and duties of the Chief Technology Officer; generally.

(a) With respect to all state spending units the Chief Technology Officer may:
(1) Develop an organized approach to information resource management for this state;
(2) Provide with the assistance of the Information Services and Communications Division of the Department of Administration technical assistance to the administrators of the various state spending units in the design and management of information systems;
(3) Evaluate in conjunction with the Information Services and Communications Division the economic justification, system design and suitability of information equipment and related services, and review and make recommendations on the purchase, lease or acquisition of information equipment and contracts for related services by the state spending units;
(4) Develop a mechanism for identifying those instances where systems of paper forms should be replaced by direct use of information equipment and those instances where applicable state or federal standards of accountability demand retention of some paper processes;
(5) Develop a mechanism for identifying those instances where information systems should be linked and information shared, while providing for appropriate limitations on access and the security of information;
(6) Create new technologies to be used in government, convene conferences and develop incentive packages to encourage the utilization of technology;
(7) Engage in any other activities as directed by the Governor;
(8) Charge a fee to the state spending units for evaluations performed and technical assistance provided under the provisions of this section. All fees collected by the Chief Technology Officer shall be deposited in a special account in the State Treasury to be known as the Chief Technology Officer Administration Fund. Expenditures from the fund shall be made by the Chief Technology Officer for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That the provisions of section eighteen, article two, chapter eleven-b of this code shall not operate to permit expenditures in excess of the spending authority authorized by the Legislature. Amounts collected which are found to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature;
(9) Monitor trends and advances in information technology and technical infrastructure;
(10) Direct the formulation and promulgation of policies, guidelines, standards and specifications for the development and maintenance of information technology and technical infrastructure, including, but not limited to:
(A) Standards to support state and local government exchange, acquisition, storage, use, sharing and distribution of electronic information;
(B) Standards concerning the development of electronic transactions, including the use of electronic signatures;
(C) Standards necessary to support a unified approach to information technology across the totality of state government, thereby assuring that the citizens and businesses of the state receive the greatest possible security, value and convenience from investments made in technology;
(D) Guidelines directing the establishment of statewide standards for the efficient exchange of electronic information and technology, including technical infrastructure, between the public and private sectors;
(E) Technical and data standards for information technology and related systems to promote efficiency and uniformity;
(F) Technical and data standards for the connectivity, priorities and interoperability of technical infrastructure used for homeland security, public safety and health and systems reliability necessary to provide continuity of government operations in times of disaster or emergency for all state, county and local governmental units; and
(G) Technical and data standards for the coordinated development of infrastructure related to deployment of electronic government services among state, county and local governmental units;
(11) Periodically evaluate the feasibility of subcontracting information technology resources and services, and to subcontract only those resources that are feasible and beneficial to the state;
(12) Direct the compilation and maintenance of an inventory of information technology and technical infrastructure of the state, including infrastructure and technology of all state, county and local governmental units, which may include personnel, facilities, equipment, goods and contracts for service, wireless tower facilities, geographic information systems and any technical infrastructure or technology that is used for law enforcement, homeland security or emergency services;
(13) Develop job descriptions and qualifications necessary to perform duties related to information technology as outlined in this article; and
(14) Promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, as may be necessary to standardize and make effective the administration of the provisions of article six of this chapter.
(b) With respect to executive agencies, the Chief Technology Officer may:
(1) Develop a unified and integrated structure for information systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and time lines for addressing the information technology requirements of the various executive agencies of state government;
(3) Exercise authority delegated by the Governor by executive order to overrule and supersede decisions made by the administrators of the various executive agencies of government with respect to the design and management of information systems and the purchase, lease or acquisition of information equipment and contracts for related services;
(4) Draw upon staff of other executive agencies for advice and assistance in the formulation and implementation of administrative and operational plans and policies; and
(5) Recommend to the Governor transfers of equipment and human resources from any executive agency and the most effective and efficient uses of the fiscal resources of executive agencies, to consolidate or centralize information-processing operations.
(c) The Chief Technology Officer may employ the personnel necessary to carry out the work of the Office of Technology and may approve reimbursement of costs incurred by employees to obtain education and training.
(d) The Chief Technology Officer shall develop a comprehensive, statewide, four-year strategic information technology and technical infrastructure policy and development plan to be submitted to the Governor and the Joint Committee on Government and Finance. A preliminary plan shall be submitted by December 1, 2006, and the final plan shall be submitted by June 1, 2007. The plan shall include, but not be limited to:
(A) A discussion of specific projects to implement the plan;
(B) A discussion of the acquisition, management and use of information technology by state agencies;
(C) A discussion of connectivity, priorities and interoperability of the state's technical infrastructure with the technical infrastructure of political subdivisions and encouraging the coordinated development of facilities and services regarding homeland security, law enforcement and emergency services to provide for the continuity of government operations in times of disaster or emergency;
(D) A discussion identifying potential market demand areas in which expanded resources and technical infrastructure may be expected;
(E) A discussion of technical infrastructure as it relates to higher education and health;
(F) A discussion of the use of public-private partnerships in the development of technical infrastructure and technology services; and
(G) A discussion of coordinated initiatives in website architecture and technical infrastructure to modernize and improve government to citizen services, government to business services, government to government relations and internal efficiency and effectiveness of services, including a discussion of common technical data standards and common portals to be utilized by state, county and local governmental units.
(e) The Chief Technology Officer shall oversee telecommunications services used by state spending units for the purpose of maximizing efficiency to the fullest possible extent. The Chief Technology Officer shall establish microwave or other networks and LATA hops; audit telecommunications services and usage; recommend and develop strategies for the discontinuance of obsolete or excessive utilization; participate in the renegotiation of telecommunications contracts; and encourage the use of technology and take other actions necessary to provide the greatest value to the state.
§12-3-10e. Purchasing Card Advisory Committee created; purpose; membership; expenses.

(a) There is created continued a Purchasing Card Advisory Committee to enhance the development and implementation of the purchasing card program. The committee shall solicit input from state agencies and make recommendations to improve the performance of the Purchasing Card Program. The committee consists of fourteen members to be appointed as follows:
(1) The Auditor shall serve as chairperson of the committee and shall appoint:
(A) Four members from the State College System of West Virginia and the University System of West Virginia;
(B) One member from the Department of Health and Human Resources; and
(C) One member from the Division of Highways and two additional members at large from any state agency.
(2) The Secretary of the Department of Administration shall appoint:
(A) One member from the Information Services and Communications Division Office of Technology;
(B) One member from the Financial Accounting and Reporting Section; and
(C) One member from the Purchasing Division;
(3) The Secretary of the Department of Revenue shall appoint one member from the Department of Revenue; and
(4) The State Treasurer shall appoint one member from that office.
(b) Committee members shall be appointed for a term of one year, commencing on the July 1, 1998. Committee members shall receive reimbursement for expenses actually incurred in the performance of their duties on the committee."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 624, Relating to Secretary of State annual reports' filing deadlines; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 627, Increasing civil and criminal penalties for littering; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 633, Depositing public funds into certain federally insured accounts; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 635, Requiring State Fire Commission approve certain county and municipal fire ordinances and regulations; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk, on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"That §29-3-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
"ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5. Promulgation of rules and State Fire Code.

(a) The State Fire Commission shall have the power to may promulgate, amend and repeal regulations propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the safeguarding of life and property from the hazards of fire and explosion. pursuant to the provisions of chapter twenty-nine-a of this code. Such regulations The rules, amendments or repeals thereof shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection and shall have the force and effect of law in the several counties, municipalities and political subdivisions of the state.
(b) Pursuant to the provisions of chapter twenty-nine-a of this code, the State Fire Commission by January 1, 1977, shall propose and promulgate comprehensive regulations rules for the safeguarding of life and property from the hazards of fire and explosion to be known as the State Fire Code. Regulations Rules embodied in the State Fire Code shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection and shall have the force and effect of law in the several counties, municipalities and political subdivisions of the state. Whenever any other state law, county or municipal ordinance or regulation of any new or revised code or standard is adopted by the fire codes published by the National Fire Protection Association, the State Fire Commission shall propose and promulgate revised rules reflecting such updated codes and standards: Provided, That such the rules shall be effective as emergency rules when so promulgated until acted upon by the Legislature: Provided, however, That the State Fire Marshal shall provide compliance alternatives for historic structures as provided for in section five, article one of this chapter, which compliance alternatives shall take into account the historic integrity of said the historic structures; and shall coordinate with the Director of the Archives and History Division the application of the rules and regulations of that division.
(c) In interpretation and application, the State Fire Code shall be held to be the minimum requirements for the safeguarding of life and property from the hazards of fire and explosion: Provided, That the State Fire Marshal shall provide compliance alternatives for historic structures and sites as provided for in section five, article one of this chapter, which compliance alternatives shall take into account the historic integrity of said the historic structures and sites. Whenever any other state law, county or municipal ordinance or regulation of any agency thereof is more stringent or imposes a higher standard than is required by the State Fire Code, the provisions of such the state law, county or municipal ordinance or regulation of any agency thereof shall govern provided governs, if they are not inconsistent with the laws of West Virginia and are not contrary to recognized standards and good engineering practices: Provided, That, on and after July 1, 2010, if a municipal or county fire ordinance or regulation of any agency thereof is more stringent or imposes a higher standard than is required by the State Fire Code, it must be presented for review and approval and sanctioned for use by the West Virginia State Fire Commission. In any question, the decision of the State Fire Commission determines the relative priority of any such state law, county or municipal ordinance or regulation of any agency thereof and determines compliance with state fire regulations rules by officials of the state, counties, municipalities and political subdivisions of the state."
On motion of Delegate Miley, the Judiciary amendment was amended on page two, section three, line seven, immediately following the word "Commission", by striking out the word "shall" and inserting in lieu thereof the word "may".
The Judiciary Committee amendment, as amended, was then adopted.
There being no further amendments, the bill was ordered to third reading.
S. B. 648, Repealing outdated and obsolete sections of education code; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page three, by striking out all of Chapter 18B.
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 651, Providing state bid preference for certain current license or permit holders; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 653, Allowing court discretion for habitual offender sentencing; on second reading, coming up in regular order, was read a second time and ordered to third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for S. B. 51, Relating to child custody plans for National Guard or military reserve parents,
Com. Sub. for S. B. 183, Creating Diesel-Powered Motor Vehicle Idling Act,
Com. Sub. for S. B. 186, Creating DOT administrative law judge office,
Com. Sub. for S. B. 229, Authorizing School Building Authority issue certain outstanding bonds,
Com. Sub. for S. B. 232, Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor,
Com. Sub. for S. B. 236, Creating Aquaculture Development Act,
Com. Sub. for S. B. 238, Relating to mineral rights' benefits,
Com. Sub. for S. B. 397, Creating single dwelling residential housing index and multiplier,
Com. Sub. for S. B. 407, Authorizing Department of Revenue promulgate legislative rules,
S. B. 442, Clarifying PEIA Finance Board may offset certain annual retiree premium increases,
Com. Sub. for S. B. 446, Clarifying deceased public employees' survivors participate in comprehensive group health insurance plans only,
Com. Sub. for S. B. 449, Relating to PEIA preexisting conditions limitations,
S. B. 453, Providing State Register subscribers electronic format option,
Com. Sub. for S. B. 465, Relating to utility service disconnection,
Com. Sub. for S. B. 507, Creating WV Innovative Mine Safety Technology Tax Credit Act,
S. B. 510, Extending DNR license and stamp fees sunset provision,
Com. Sub. for S. B. 567, Creating Nonprofit Adventure and Recreational Responsibility Act,
Com. Sub. for S. B. 596, Exempting Adjutant General and National Guard from certain leasing and accounting requirements,
S. B. 610, Extending statutory exemption to certain out-of-school time programs,
Com. Sub. for S. B. 614, Relating to PSC approval of high voltage transmission line construction,
And,
Com. Sub. for S. B. 696, Relating to limited liability partnerships.
At 11:55 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

Delegate Azinger announced that he was absent on yesterday when the votes were taken on Roll Nos. 224 through 227, and that had he been present, he would have voted "Yea" thereon.
Delegate Givens announced that he was absent on today when the votes were taken on Roll Nos. 228 through 242, and that had he been present, he would have voted "Yea" thereon.
S. B. 595, Extending vesting period for subdivision and land development plans, still being in possession of the Clerk, was taken up for further consideration.
On motion of Delegate Boggs, the House of Delegates then reconsidered the vote on the effective date of the bill.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
S. B. 595 - "A Bill to amend and reenact §8A-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-5-12 of said code, all relating to subdivisions; extending the approval term of certain uses and permits associated with a subdivision plan or plat and extending the vesting period for a subdivision or land development plan or plat."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 243), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Hutchins, Manchin, Manypenny and McGeehan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 595) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 483, Authorizing HMOs offer point of service option,
S. B. 664, Relating to duties of protected person's guardian,
And,
S. B. 698, Relating to mini-trucks' registration and certificate of title requirements,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 612, Authorizing Governor certify certain capital improvement projects' lists,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 435, Relating to speed-detecting device use law,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 237, Authorizing issuance of revenue bonds for public projects,
And reports the same back with the recommendation that it do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 328, Relating to professional licensing boards posting fee increase proposals,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 328) to the Committee on Finance was abrogated.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 372, Updating language in WV Medical Practice Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 422, Limiting liability for nonhealth care provider defibrillator users,
And,
S. B. 573, Allowing audits published electronically with notice to proper authorities,
And reports the same back with the recommendation that they each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 496, Allowing Environmental Protection Council certain rule-making authority,
Com. Sub. for S. B. 557, Clarifying legislative vacancy procedures,
And,
Com. Sub. for S. B. 669, Allowing municipalities to operate teen courts,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 41, Relating to community enhancement districts,
Com. Sub. for S. B. 70, Relating to municipalities and counties issuing bonds,
S. B. 169, Relating to Economic Development Authority loans' criteria,
Com. Sub. for S. B. 352, Creating WV Community Empowerment Transportation Act,
Com. Sub. for S. B. 427, Renaming and reorganizing Parkways, Economic Development and Tourism Authority,
And,
Com. Sub. for S. B. 518, Creating Governor's Commission to Seize Future of Energy for America,
And reports the same back, with amendments, with the recommendation that they each do pass, as amended.
On motion for leave, a resolution was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that they each be adopted), which were read by their titles, as follows:
By Delegates Miley, Hunt, Barker, Brown, Caputo, Ferro, Fleischauer, Frazier, Hutchins, Longstreth, Michael, Moore, Ross, Shook, Skaff, Susman, Wells, Wooton, Ellem, Hamilton, Lane, Overington, Schadler, Schoen and Sobonya:

H. C. R. 112 - "Requesting the Joint Committee on Government and Finance to undertake the study of Prison and Regional Jail Overcrowding, with an emphasis on developing alternative community-based and other supervised programs, services and facilities, where possible, to avoid constructing additional jails and prisons."
Whereas, West Virginia has one of the highest increasing rates of prison growth in the nation, at nearly seven percent annually; and
Whereas, In response to the escalating jail and prison population, the Governor of the State of West Virginia established the Governor's Commission on Prison Overcrowding by executive order 1-09; the West Virginia Legislature created the West Virginia Law Institute; and the Supreme Court appointed a "Compliance Committee" to monitor compliance with the Court's directives regarding overcrowding within correctional facilities, and
Whereas, The Legislature has received the Report of The Governor's Commission on Overcrowding, submitted June 30, 2009, and, the Interim Recommendations by the Compliance Committee of the Supreme Court of Appeals of West Virginia on Prison Overcrowding, dated January 10, 2010, and The Report of the West Virginia Law Institute, dated January 11, 2010, each containing a variety of broad-based proposals for the reform of our current criminal justice system to relieve prison overcrowding; and,
Whereas, Approximately 6,300 offenders have been sentenced to the Division of Corrections facilities; and of those excess offenders sentenced, 1, 300 are being held in regional jails until space is available in Division of Corrections facilities. The number of felony offenders sentenced to the custody of the Division of Corrections grows by approximately three each day, causing severe overcrowding in the regional jail system; and
Whereas, West Virginia ranks number 50 among all states in the use of community corrections as an alternative to prison. Given that 90 percent of all prison inmates will eventually return to the community, the state should have a responsibility to provide the offender with programs that will aid in their rehabilitation and return to society; and
Whereas, The Division of Criminal Justice Services' Statistical Analysis Center finds that by the end of 2012 West Virginia will need space for 8,530 offenders and by 2017 that number will increase to 10,304, more than doubling the demand for prison bed space; and
Whereas, All three of the reports submitted to the Legislature agree on the aggressive pursuit and development of alternative sanctions, including expanded probation, early parole, the expansion of day-reporting and work-release centers, the acquisition of half-way houses, the expanded use of substance abuse treatment programs and facilities, shortened lengths of stay, and the acquisition of special facilities for the geriatric and mentally ill; further study shall be conducted on this issue; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study and identify further recommendations in order to address this issue of prison overcrowding; and, be it
Further Resolved, That the Joint committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions, and recommendations; and be it
Further Resolved, That the expenses necessary to fund this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates Miley, Hunt, Barker, Brown, Caputo, Ferro, Fleischauer, Frazier, Hutchins, Longstreth, Michael, Moore, Ross, Shook, Skaff, Susman, Wells, Wooton, Ellem, Hamilton, Lane, Overington, Schadler, Schoen and Sobonya:

H. C. R. 113 - "Requesting the Joint committee on Government and Finance to undertake a study of the sale, licencing, and use of firearms."
Whereas, Current West Virginia law requires any person who wishes to carry a concealed weapon must obtain a license; applicant cannot be convicted of a misdemeanor offense of assault or battery, and shall undergo a nationwide criminal background check; and
Whereas, In addition to restrictions on possessing firearms, current West Virginia law states that it is unlawful for any person to knowingly sell, rent, give or lend, or, where the person is other than a natural person, to knowingly permit an employee thereof to knowingly sell, rent, give or lend, any deadly weapon to a person prohibited from possessing a firearm as defined in the code; and
Whereas, In 1993, Congress passed the Brady Handgun Violence Protection Act, which requires federally licensed firearms dealers to conduct background checks on all prospective firearms purchasers; in the last decade, the National Instant Criminal Background Check System (NICS) has been used to process over 100 million background checks and has blocked more than 700,000 illegal sales; however, gaps remain that allow criminals and other prohibited purchasers to circumvent the background check requirement; and
Whereas, The Mayors Against Illegal Guns coalition was created in 2006 in order to protect their communities by holding gun offenders and irresponsible gun dealers accountable, demanding access to trace data that is critical to law enforcement efforts to combat illegal gun trafficking, and working with legislators to fix gaps, weaknesses and loopholes in the law that make it far too easy for criminals and other prohibited purchasers to get guns; and
Whereas, The Mayors Against Illegal Guns Coalition has recommended that ATF agents should collect intelligence, using trace data, witness interviews, and undercover operations to identify sellers who appear to be engaged in the business of selling firearms illegally but nonetheless do so at gun shows without a license; and
Whereas, As this practice does not seem to conform to the practices regulated in both Federal and State codes; thus further study is requested on the possibility of restricting people who knowingly solicit, persuade, encourage or entice a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this state or the United States is guilty of a felony; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the sale, licencing, and use of firearms; and, be it
Further Resolved, That the study shall cover subjects of the following: requirements for a criminal background check prior to purchase; purchasing or attempt to purchase a firearm from a dealer; and, prohibiting a person other than law enforcement who knowingly encourages a firearm dealer to violate firearm sales laws.
Further Resolved, That the Joint committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions, and recommendations; and, be it
Further Resolved, That the expenses necessary to fund this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolutions (H. C. R. 112 and H. C. R. 113) to the Committee on Rules.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 649, Establishing motor vehicle search criteria,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 394, Authorizing DMV use certain program to identify uninsured vehicles,
And,
Com. Sub. for S. B. 494, Providing fiduciary commissioner oversight,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 515, Relating to firearms' purchases and licensing,
And,
Com. Sub. for S. B. 597, Requiring women seeking abortion opportunity to see fetus ultrasound image,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
At the request of Delegate Boggs, and by unanimous consent, the bills reported from committee in the foregoing proceedings, (S. B. 41, Com. Sub. for S. B. 70, S. B. 169, S. B. 237, Com. Sub. for S. B. 328, Com. Sub. for S. B. 352, S. B. 372, Com. Sub. for S. B. 394, Com. Sub. for S. B. 422, Com. Sub. for S. B. 427, Com. Sub. for S. B. 483, Com. Sub. for S. B. 494, Com. Sub. for 496, Com. Sub. for S. B. 515, Com. Sub. for S. B. 518, Com. Sub. for S. B. 557, S. B. 573, Com. Sub. for S. B. 597, Com. Sub. for S. B. 612, Com. Sub. for S. B. 649, S. B. 664, Com. Sub. for S. B. 669 and S. B. 698) were taken up for immediate consideration, each read a first time and ordered to second reading.
On motion for leave, resolutions were introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that they each be adopted), which was read by their titles, as follows:
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 114 - "Requesting a study on the feasibility of dividing the Department of Health and Human Resources into more than one distinct agency."
W
HEREAS , When Governor Gaston Caperton became Governor in 1989, he persuaded the Legislature to adopt a sweeping executive branch reform initiative that expanded the Governor's control over agencies, with the intent of making agencies more streamlined and efficient; and
Whereas, One of the positions created was the position of Cabinet Secretary of the Department of Health and Human Resources; and
W
HEREAS , Since then, the Department of Health and Human Resources has grown tremendously with an increased staff of over 6,000 employees responsible for well over 25 expansive and critical programs which serve the entire state; and
W
HEREAS , The Department of Health and Human Resource budget has grown to well over $3.5 billion dollars and has easily become the most comprehensive agency in state government; and
W
HEREAS , With this immense growth and responsibility, the Department has developed systemwide problems which need rapid corrections; and
W
HEREAS , Although the Secretary of the Department of Health and Human Resources has proven herself to be quite capable, with the responsibility for all of the employees and programs offered by the agency, she cannot realistically focus on any one program in a profound way; and
Whereas, As a direct result of lack of resources and adequate focus, the Department of Health and Human Resources has been taken to court regularly by community groups and clients for its inability to meet the huge expectations of the agency; and
Whereas, The State of West Virginia can no longer ignore the problems and continuing questions about DHHR's effectivity any longer; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of dividing the Department of Health and Human Resources into more than one entity and to determine the benefits and risks from both a financial perspective and a programmatic perspective of such a division; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 115 - "Requesting the Joint Committee on Government and Finance to conduct a study on establishing a program to permit unlicensed personnel to administer medications in homes and other community locations."
Whereas, People with disabilities have the right to live, work, and play in their own homes and communities; and
Whereas, An estimated 406,000 people in West Virginia have a disability with many having difficulty in performing self-care activities and the ability to self-administer their own medication; and
Whereas, Professional licensed nurses currently administer medications to these individuals, often taking up much of their needed time and expertise; and
Whereas, More care and attention could be provided to individuals with disabilities by nurses should medicine be administered by unlicensed personnel in additional settings; and
Whereas, It is becoming more difficult to recruit and retain adequate nursing in these settings; and
Whereas, Should a resident be physically unable to place a dose of medication in his/her own mouth without spilling or dropping it, an unlicensed person (at the direction of the individual receiving services) may place the dose in another container and place that container in the mouth of the individual; and
Whereas, Any individual who is employed to provide community based services at the direction of the individual receiving services or their legally responsible representative, may administer medication; and
Whereas, The provision of medication administration by unlicensed personnel in additional settings could provide flexibility and promote community living to individuals with disabilities; and
Whereas, The program shall be developed and conducted by the Legislature in cooperation with the appropriate agencies, advisory bodies and boards in determining recommendations and legislation effectuating this policy; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study developing a program to permit unlicensed personnel to administer drugs to individuals with disabilities in homes and other settings in the community if determined appropriate; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 116 - "Requesting the Committee on Government and Finance to conduct a study on maternal oral health."
Whereas, West Virginia citizens have the worst oral health in the nation; and
Whereas, The ill effects of poor oral hygiene can be exacerbated during pregnancy when progesterone levels rise considerably, which can cause tender gums and gingivitis; and
Whereas, It is important to maintain good oral health during pregnancy, with studies indicating that pregnant women who have severe periodontal disease are at risk for pre-term delivery, which in turn increases the risk of having a low-birth weight baby; and
Whereas, Studies also show that economic and funding issues, utilization issues, access issues, health related issues (such as nutrition and obesity) and inadequate oral health public policy are all barriers in maintaining adequate maternal oral health in West Virginia; and
Whereas, Parental values, habits and attitudes toward oral health also influence children's oral hygiene habits; and
Whereas, Possible solutions to break these barriers of poor oral health in West Virginia could be, but not be limited to: Free dental care for Medicaid and low-income pregnant women; Education to patients, families, dentists, hygienists and prenatal providers in regard to dental visits, guidelines and safety; and public awareness campaigns; and
Whereas, Representatives from the Department of Health and Human Resources, the Bureau of Children and Families, the Bureau of Medical Services, the Office of Oral Health, the Dental Association, the Dental Hygienist Association, community health centers and providers, and other interested organizations are needed to put forth a collaborative effort with the West Virginia Legislature to enhance and provide policy solutions in regard to maternal oral health; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study maternal oral health care in West Virginia; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 117 - "Requesting the Joint Committee on Government and Finance to study the establishment of a commission to make recommendations to the Legislature on the scope of practice of health care professions."
Whereas, Scope of practice issues for health care delivery is a complex and often contentious process; and
Whereas, Factors such as fluctuations in the health care workforce and specific health specialities, geographic and economic disparities in access to health care services, economic incentives for health care professionals and consumer demand influence the decision making regarding the scope of practice across all health care disciplines; and
Whereas, Health care is an evolving, dynamic industry and changes in the scope of practice are inherent in the health care system; and
Whereas, The regulation of health care professions is designed to protect the public and enhance consumer access to competent health care; and
Whereas, Changes to the scope of practice should recognize the established history of the practice scope within the profession, a recognition of the education and training received by a particular health care discipline, evidence supporting the need for a change to the scope of practice and the appropriate regulatory environment; and
Whereas, It is necessary to seek advice from within the health care industry when making informed decisions regarding the scope of practice of health care professions due to the complexities in examining scope of practice issues; and
W
HEREAS , The Legislature needs solid expert guidance on issues such as education levels, skills training, adequate evidence supporting a modification and sufficient regulation; and
Whereas, It is the Legislatures intent to provide a balanced and fair approach in the composition of this commission with a equal representation of medical professions (such as but limited to physicians, physician assistants, nurses, community health providers, representatives of health policy and administration, dentists and dental hygienists); therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the establishment of a commission to make recommendations to the Legislature on the scope of practice of health care professions; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 118 - "Requesting the Committee on Government and Finance to conduct a study on the feasibility of and necessary steps toward having the Mary Babb Randolph Cancer Center of West Virginia University become a National Cancer Institute Designated Cancer Center."
Whereas, The State of West Virginia ranks either first or second in the nation in tobacco consumption and obesity; and
Whereas, The State of West Virginia has significant environmental exposures which lead to cancer; and
Whereas, West Virginia has the nation's fourth highest cancer mortality rate, and
Whereas, The Mary Babb Randolph Cancer Center at West Virginia University (MBRCC) is West Virginia's most comprehensive cancer treatment, research and education facility; with a new $22 Million expansion, a $90 Million investment in electronic medical technology including a medical record and a chemotherapy-ordering system, and two recently recruited nationally recognized cancer research scientists; and
Whereas, The National Cancer Institute (NCI) has a program called NCI-designated Cancer Centers which recognizes, through substantial funding, cancer centers such as MRBCC for their scientific excellence; for being a major source of discovery and development of more effective approaches to cancer prevention, diagnosis, and treatment; for delivering medical advances to patients and their families; for educating health care professionals and the public; for moving fundamental discoveries in cancer from the laboratory to applications in people; for being a focal point for cancer researchers, patients healthcare providers, legislative bodies, the media, and the public; and for reaching out to underserved populations; and
Whereas, An NCI designation brings academic and scientific prestige not only to WVU but to the entire state of West Virginia, which increases the prospects of leveraging additional support from other finding sources; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of and necessary steps toward having the Mary Babb Randolph Cancer Center of West Virginia University become a National Cancer Institute Designated Cancer Center; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 120 - "Requesting the Joint Committee on Government and Finance to conduct a study on reimbursement for medical services by preferred provider organizations."
Whereas, Health care in West Virginia has, as one form of payment to medical providers, managed care health insurance systems known as preferred provider organizations or networks (PPO); and
Whereas, Many patients are members of PPO but prefer to utilize the services of a medical provider who may not be contracted to that PPO and those providers are prevented from receiving adequate or in some cases any reimbursement from the PPO for medical services provided to those patients; and
Whereas, There have been numerous requests for relief from the necessity of medical providers to contract with PPO in order to receive adequate reimbursements for patients who are members of such organizations; and
Whereas, The issue of adequate reimbursement for West Virginia's medical providers is an important part of assuring adequate access to health care services for the people of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the issue of reimbursement to medical providers by preferred provider organizations in this state and determine if legislative action is needed to increase access to health care in the state by regulating such reimbursement; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 121 - "Requesting the Committee on Government and Finance to conduct a study on establishing a pharmaceutical disposal pilot program."
Whereas, West Virginia's water resources is one of its most precious commodities; and
Whereas, For years, consumers were advised that wastewater sewage disposal was the safest way of disposing unwanted medicines - However, several studies have revealed the presence of hundreds of low-level drug and personal care product residues in waterways throughout the country.
Whereas, These byproducts can include: birth control pills, estrogen replacement drugs, ibuprofen, mood stabilizers and antibiotics; and
Whereas, Many of these drugs discovered can act as endocrine disruptors, compounds that mimic or interfere with human hormones, while other waste materials contribute to antibiotic resistance; and
Whereas, Scientists are examining endocrine disruptors as a possible cause of "intersex" fish (male fish that are producing eggs), which researchers have documented in streams in the Eastern Panhandle streams and other streams; and
Whereas, Sewage treatment plants are not designed to remove those types of substances, thus causing them to go back into the water supply; and
Whereas, Many cities cannot afford the charcoal filters required to screen out the final traces of these byproducts from drinking water; and
Whereas, It is the intent of the Legislature to improve our water systems, while also improving the ecological and aquatic life in our streams and rivers; and
Whereas, Hazardous waste disposal events have been held in the State to work with the public on the proper disposal of hazardous materials to help address this growing problem; and
Whereas, These events have proven to be successful yet costly to operate - $15,000 to $40,000 per event; and
Whereas, Organizations involved in these types of events include, but are not limited to: Friends of Cacapon River; West Virginia Rivers Coalition; Appalachian Center for the Economy and the Environment; Cacapon Institute; Potomac Headwaters RC&D; Division of Environmental Protection; Division of Natural Resources; Division of Forestry; West Virginia Conservation Agency and the Department of Agriculture; and
Whereas, There is a need to develop a safe and efficient method of collecting and disposing of pharmaceuticals; and
Whereas, The Legislature desires to encourage Hospitals, Pharmaceutical Industries, Division of Natural Resources, Department of Agriculture, Division of Environmental Protection, Counties, Municipalities and other entities to establish a better method of waste materials; and
Whereas, It is the intent of the Legislature to lend support to these disposal programs by working with the aforementioned groups and develop ways and means to promote clean water and wastewater systems in the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on establishing a pharmaceutical disposal pilot program; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 122 - "Requesting the Joint Committee on the Government and Finance to study the feasibility and potential effectiveness of justice reinvestment strategies as a mechanism to better direct our expenditures in criminal justice to help prevent crimes, not merely to punish them."
Whereas, Rising corrections budgets and high recidivism rates in many states are forcing policymakers to develop new strategies for increasing public safety; and
Whereas, Despite increasing corrections expenditures, recidivism rates remain high with half of all persons released from prison nationally returning within three years; and
Whereas, The notion of justice reinvestment is to advance fiscally-sound, data driven criminal justice policies to break the cycle of recidivism, avert prison expenditures and make communities safer; and
Whereas, Justice reinvestment aids in generating various options that recognize the unique problems in our criminal justice system and tailors these to better manage the growth of a state's prison population and increase public safety; and
Whereas, These options include strategies to reduce parole and probation revocations; focus supervision resources where they can have the greatest impact; and hold offenders (and service providers) accountable for the successful completion of programs such as drug treatment and job training; and
Whereas, Policymakers can use generated data to develop plans for reinvesting a portion of these savings in new or enhanced initiatives in areas where the majority of people released from prisons and jails return to benefit everyone in the community, regardless of their involvement in the criminal justice system; and
Whereas, Designing policies to manage the growth of the corrections system, improve the accountability and integration of resources concentrated in particular communities, and reinvesting a portion of the savings generated from these efforts to make communities receiving the majority of people released from prison safer, stronger, and healthier is a sound topic of study; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility and potential effectiveness of justice reinvestment strategies and their potential use in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, D. Poling, Rodighiero, Spencer, Susman, Border, C. Miller, J. Miller and Rowan:

H. C. R. 123 - "Requesting the Committee on Government and Finance to conduct a study on the feasibility of requiring all future methadone treatment centers be operated only by and for Comprehensive Behavioral Health Centers."
Whereas, There are eight for profit Methadone treatment centers for those addicted to opioids in West Virginia; and
Whereas, After much concern, the state issued a moratorium on opioid treatment programs in 2007;
Whereas, In 2008, West Virginia established rules clarifying opioid treatment services and set forth minimal standards for State approval of opioid treatment providers; and
Whereas, Even with these rules, there is still difficulty in oversight and monitoring of these clinics; and
Whereas, At the end of Fiscal year 2008, the latest data available, there were 8 centers with total revenue in that 12 month period of $20,300,000; and
Whereas, The aggregate profit margin of those 8 centers was $6,600,000 or 32.8% of total revenue; and
Whereas, In West Virginia, there were approximately 120 deaths related to methadone prescriptions in 2005, compared to just seven such deaths in 1999; and
Whereas, Little research has been conducted on both the long-term effects of methadone use and the recidivism rate of those who relapse back into treatment, causing a "revolving door" effect; and
Whereas, West Virginia led the nation in 2004 in the rate of deaths attributed to methadone; and
Whereas, Four of the eight centers had profit margins over 30%; and
Whereas, Three of the eight centers made more than one million dollars and one of those had a profit margin over 40% of revenues; and
Whereas, Expenses for those eight centers in Fiscal year 2008 declined by $812,000 over Fiscal year 2007 and most of that reduction in cost was due to a reduction in support services; and
Whereas, West Virginia's thirteen Comprehensive Community Behavioral Health Centers have the expertise to offer opioid addiction treatment but are handicapped by financial problems as indicated by the fact that their aggregate margin for fiscal year 2008 was only 1.5% and four of them had losses; and
Whereas, West Virginians suffering from addiction to opioids may be being charged excessive fees which may be going toward providing excessive profits to private entities which are reducing support services which may help them overcome their addictions, not continue them; and
Whereas, West Virginia's network of non-profit Comprehensive Behavioral Health Centers have financial needs which could be eased by revenues from methadone treatment programs now going to private entities; and
Whereas, West Virginia's network of non-profit Comprehensive Behavioral Health Centers could provide the support services which may be withheld from opioid addicts by for-profit entities now providing methadone treatment to them; and
Whereas, The Legislature shall work with representatives of: behavioral health providers, the Department of Health and Human Resources, law-enforcement agencies, the Partnership to Promote Community Well-Being and other pertinent entities in the development of the aforementioned study; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study opioid treatment programs in West Virginia along with the feasibility of requiring that any methadone treatment be done by Comprehensive Behavioral Health Centers only or only by entities which are not-for-profit organizations licensed to do business in West Virginia and which are exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as amended, codified in 26 U.S.C. §501 (c)(3), and are organized and operated exclusively for charitable purposes within the meaning of that section; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolutions (H. C. R. 114, H. C. R. 115, H. C. R. 116, H. C. R. 117, H. C. R. 118, H. C. R. 120, H. C. R. 121, H. C. R. 122 and H. C. R. 123) to the Committee on Rules.
Messages from the Executive

The Speaker laid before the House of Delegates a Proclamation from His Excellency, the Governor, which was read by the Clerk, as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

Charleston


A P R O C L A M A T I O N

By the Governor

Whereas, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and
Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of January; and
Whereas, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2010 regular session of the Legislature concludes on the thirteenth day of March, two thousand ten, at midnight; and
Whereas, Article VI, Section 22 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and
Whereas, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been fully acted upon by the Legislature three days before the expiration of its regular session.
Now, Therefore, I, Joe Manchin III, Governor of the State of West Virginia, do hereby issue this Proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, to extend this regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed seven days; but no matters other than the Budget Bill shall be considered during this extension of the session, except a provision for the cost thereof.
In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.


(Great Seal)
DONE at the Capitol in the City of Charleston, State of West Virginia, this the tenth day of March, in the year of our Lord, Two Thousand Ten, and in the One Hundred Forty-Seventh year of the State.
JOE MANCHIN, III,
Governor.
By the Governor:
Natalie E. Tennant
Secretary of State.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, to take effect from passage, of
Com. Sub. for S. B. 213 - "A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution."
At the request of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 213) to a committee was dispensed with, and it taken up for immediate consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 336, Authorizing Division of Wildlife Resources recover possession or restitution value of certain animals.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 388, Specifying number of members on municipal planning commissions and zoning boards.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 461, Relating to administration of sales and use tax.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 604, Extending mental hygiene procedures' sunset provision.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4035, Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4187, Continuing the current hazardous waste management fee until 2015.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4312, Relating to the Tax Procedure and Administration Act.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 58, Designating the annual observance of the week following Labor Day as Labor History Week.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 66, Commemorating the passing of CW4 Brent Cole, patriot, pilot, husband, father, soldier, proud West Virginian and true American hero.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 33 - "Requesting the Division of Highways to name bridge number 34-22-0.96 located over Peters Creek on County Route 22 in Nicholas County, West Virginia, the 'Homer J. Summers Memorial Bridge'."
Whereas, Homer J. Summers was born in 1859 on Peters Creek to Christopher Van Rensselear and Margaret "Spinks" Summers in a home that was built in 1854; and
Whereas, Homer lived all of his ninety plus years as a farmer on this land; and
Whereas, Homer had one son, Rubert, with his first wife, Nora Martha Miller, and after her death married Minta Hanna, the mother of his two daughters; and
Whereas, Homer ended up with nine grandchildren, all of whom are successful in their own individual ways; and
Whereas, During his ninety years on his property he would watch the creek roll along and watch horses, cars, trucks and all other types of vehicles cross the bridge over Peters Creek; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 34-22-0.96 located over Peters Creek on County Route 22 in Nicholas County, West Virginia, the "Homer J. Summers Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Homer J. Summers Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Homer J. Summers.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 42 - "Requesting the Division of Highways name bridge number 30-52-17.40, located in Mingo County, the 'Bobby Lee Jarrell Memorial Bridge'."
Whereas, Bobby Lee Jarrell was born August 16, 1935, in Purtain Mines, West Virginia; and
Whereas, Bobby Lee Jarrell graduated from Burch High School in 1953, and immediately enlisted in the United States Navy; and
Whereas, Bobby Lee Jarrell had a distinguished 22 year career in the Navy, which took him all over the world to place such as Antarctica, Vietnam and Korea; and
Whereas, Bobby Lee Jarrell served as a Chief Gunner's Mate and was awarded the Navy Commendation and Navy Achievement Medals, the Combat Action ribbon, the Navy Unit Commendation and Good Conduct (five awards), National Defense Service, Anarctic Service, Vietnam Service (two stars), Vietnam Campaign, Navy Expert Rifleman and Navy Expert Pistol Shot Medals; and
Whereas, Bobby Lee Jarrell returned to Mingo County after his Navy retirement where he served as the Manager of Maintenance for Mingo County Schools until his retirement in 1999; and
Whereas, Bobby Lee Jarrell was married to his beloved wife Betty, with whom he shared the joy of having their sons Michael and Ricky and their daughter Cheryl; and
Whereas, Sadly, Bobby Lee Jarrell passed away at his home on May 10, 2009, leaving behind a host of family and friends, and a grateful country; and
Whereas, It is fitting, to honor the memory of Bobby Lee Jarrell, who served his country and community honorably, by naming bridge number 30-52-17.40, located in Mingo County, the "Bobby Lee Jarrell Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 30-52- 17.40, located in Mingo County, the "Bobby Lee Jarrell Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Bobby Lee Jarrell Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Bobby Lee Jarrell.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 43 - "Requesting the Division of Highways name bridge number 22-10-22.51, located in Lincoln County, the 'Private Brunty Willis Memorial Bridge'."
Whereas, Brunty Willis was born February 26, 1924, in Branchland, Lincoln County, West Virginia; and
Whereas, Brunty Willis enlisted in the United States Army on June 14, 1944, and was sent to Fort Thomas in Kentucky; and
Whereas, Private Brunty Willis was deployed to Germany during World War II to fight for his country; and
Whereas, Sadly, Private Brunty Willis was killed in action on March 3, 1945, in Germany, while attempting to cross the Rhine River; and
Whereas, Private Brunty Willis was awarded the Gold Star Lapel Button on July 16, 1953; and
Whereas, It is fitting, to honor the memory of Private Brunty Willis, who made the ultimate sacrifice for his country and state, by naming bridge number 22-10-22.51, located in Lincoln County, the "Private Brunty Willis Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 22-10- 22.51, located in Lincoln County, the "Private Brunty Willis Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Private Brunty Willis Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Private Brunty Willis.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 44, Requesting the Division of Highways name bridge number 23-10-16.17, located in Logan County, the 'G. R. "Bob" Johnson Memorial Bridge'."
Whereas, G. R. "Bob" Johnson was a native of Man, Logan County, West Virginia; and
Whereas, G. R. "Bob" Johnson was a devoted law enforcement officer in Logan County until his retirement as a West Virginia State Trooper; and
Whereas, As a law enforcement officer, G. R. "Bob" Johnson was dedicated to making his community a safe place for all its citizens; and
Whereas, Sadly, G. R. "Bob" Johnson passed away in March of 2009, from complications due to multiple sclerosis; and
Whereas, G. R. "Bob" Johnson left behind a host of family and friends, all of whom miss him dearly; and
Whereas, It is fitting, to honor the memory of G. R. "Bob" Johnson, who served his community and state honorably, by naming bridge number 23-10-16.17, located in Logan County, the "G. R. "Bob" Johnson Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 23-10- 16.17, located in Logan County, the "G. R. "Bob" Johnson Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "G. R. "Bob" Johnson Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of G. R. "Bob" Johnson.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 49 - "Requesting the Division of Highways name bridge number 28-52-3.55, located in Mercer County, the 'Isabella Freeman Memorial Bridge'."
Whereas, Isabella Freeman was born July 11, 1830, in England; and
Whereas, Isabella Freeman came to Mercer County with her husband John, who was the owner of Caswell Creek Coal & Coal Company, a forerunner of Pocahontas Fuel Corporation; and
Whereas, Isabella and John Freeman built a home on the property located at the end of the existing Route 52 bridge, where they lived for many years and are buried in the cemetery within site of the bridge; and
Whereas, It is fitting, to honor the memory of Isabella Freeman, who represents the strong women of the pioneer coal mining days who helped husbands achieve success for themselves and the great Pocahontas coalfield, by naming bridge number 28-52-3.55, located in Mercer County, the "Isabella Freeman Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number28-52- 3.55, located in Mercer County, the "Isabella Freeman Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Isabella Freeman Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Isabella Freeman.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4166, Expanding the age for firefighters over thirty-five years of age for persons already employed by another paid fire department.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

§8-15-17. Form of application; age and residency requirements; exceptions.
The Firemen's Civil Service Commission in each municipality shall require individuals applying for admission to any competitive examination provided for under the civil service provisions of this article or under the rules of the commission to file in its office, within a reasonable time prior to the proposed examination, a formal application in which the applicant shall state under oath or affirmation:
(1) His or her full name, residence and post-office address;
(2) His or her United States citizenship, age and the place and date of his or her birth;
(3) His or her state of health, and his or her physical capacity for the public service;
(4) His or her business and employments and residences for at least three previous years; and
(5) Any other information as may reasonably be required, touching upon the applicant's qualifications and fitness for the public service.
Blank forms for the applications shall be furnished by the commission, without charge, to all individuals requesting the same. The commission may require, in connection with the application, certificates of citizens, physicians and others, having pertinent knowledge concerning the applicant, as the good of the service may require.
No application for original or subsequent appointment shall be received if the individual applying is less than eighteen years of age or more than thirty-five years of age, unless the applicant is presently employed by another paid fire department, at the date of his or her application: Provided, That any applicant over the age of thirty five who is presently employed by another paid fire department shall be required to participate in the pension and relief fund established by section sixteen, article twenty-two, chapter eight of the code: Provided, however, That in the event any applicant formerly served upon the paid fire department of the municipality to which he or she makes application, for a period of more than one year, and resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against the applicant, within a period of two years next preceding the date of his or her application, and at the time of his or her application resides within the corporate limits of the municipality in which the paid fire department to which he or she seeks appointment by reinstatement is located, then the individual shall be eligible for appointment by reinstatement in the discretion of the Firemen's Civil Service Commission, even though the applicant shall be over the age of thirty-five years, and the applicant, providing his or her former term of service so justifies, may be appointed by reinstatement to the paid fire department without a competitive examination, but the applicant shall undergo a medical examination; and if the individual shall be so appointed by reinstatement to the paid fire department, he or she shall be the lowest in rank in the department next above the probationers of the department. Individuals who seek subsequent employment by another paid fire department or who seek reinstatement with their original department shall not be entitled to seniority considerations, including department rank.
Any applicant for original appointment must have been a resident for one year, during some period of time prior to the date of his or her application, of the municipality in which he or she seeks to become a member of the paid fire department: Provided, That if the commission determines it necessary it may consider for original appointment applicants who are not residents of the municipality but who have been residents of the county in which the municipality or any portion of the territory thereof is located for a period of at least one year."
And by amending the title of the bill to read as follows:
Com. Sub. H. B. 4166 - "A Bill to amend and reenact §8-15-17 of the Code of West Virginia, 1931, as amended, relating to paid firefighters who seek subsequent employment with other paid fire departments; requiring applicants over the age of thirty-five who seek subsequent employment to participate in a certain pension plan; and certifying subsequent hiring or reinstatement effects on seniority considerations."
On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Argento.
At 6:35 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 11, 2010.

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